Unauthorised staff dismissals lead to manager's downfall, FWC examines
24 May 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim brought by a managing director who was sacked after more than three years of employment. The worker argued he had been unfairly terminated from his position at a small organisation with only three employees, challenging whether proper procedures had been followed in his dismissal.
The managing director filed his application within the required timeframe, claiming protection under the Fair Work Act 2009. He was covered by a modern award and earned below the high-income threshold, meeting the basic requirements to pursue an unfair dismissal claim. His case centred on whether his employer, as a small business, had properly followed the Small Business Fair Dismissal Code when terminating his employment for alleged serious misconduct.
The dispute involved questions about board authority, governance procedures, and whether the worker's actions justified immediate dismissal. The employer maintained that the managing director had exceeded his authority and failed to meet his obligations to the board, while the worker sought to challenge the fairness of his termination.
The managing director began working part-time for an Aboriginal and Torres Strait Islander housing co-operative in Gladstone around June 2021. According to the FWC decision, "The [employer] was established more than 50 years...
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