Worker argues company failed to follow proper dismissal procedures
18 Jun 2025
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The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a worker who was summarily dismissed after seven years of employment.
The case centred on allegations of serious misconduct, including workplace bullying, timesheet fraud, and unauthorised use of company resources.
The worker argued that he was dismissed without proper procedural fairness and that many of the serious allegations against him were never actually raised during the dismissal meetings.
He maintained that his outside work was disclosed to management and that his employment contract did not prohibit such activities. The worker also disputed claims about timesheet irregularities and workplace bullying, arguing that he was denied any opportunity to respond to the allegations before his dismissal.
The worker started employment as a leading hand carpenter in July 2017 with a construction company. He entered into a fixed-term contract in July 2022 earning $40.75 per hour plus superannuation and use of a company vehicle.
The employer had treated the worker favourably throughout his employment, providing multiple pay rises and additional benefits over seven years.
In December 2023, the employer agreed to contract amendments providing the worker with a $2,000 bonus instead of a requested wage increase and waiving a $1,250 debt.
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