Executive terminated by letter with no explanation secures compensation despite employer silence
23 May 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal application where an employer completely failed to participate in proceedings, leading to a determination made entirely in their absence.
The case involved a chief executive officer (CEO) who was terminated without warning or explanation after more than four years of service.
The worker argued that his dismissal was harsh, unjust and unreasonable, claiming he had never received any performance reviews, key performance indicators, or warnings during his employment.
He maintained that the termination letter provided no reason for his dismissal and that he was denied basic procedural fairness throughout the process.
The worker was appointed as chief executive officer of an Aboriginal corporation on 12 February 2020 and was terminated by correspondence from the chairman on 24 October 2024.
The termination occurred without any prior warnings, performance reviews, or key performance indicators being established during his four-year tenure.
The worker also claimed he had not been paid since the last week of February 2024, though this payment issue was outside the FWC's jurisdiction for unfair dismissal purposes.
The termination letter was brief and provided no explanation for the dismissal. The chairman's correspondence simply stated: "Please find...
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