Commission upholds dismissal even after the employer stumbled through the exit process
The Fair Work Commission has upheld the dismissal of two senior executives caught up in unauthorised payments, undeclared conflicts and a data deletion cover-up.
The decision in Mahmud v National Disability Support Provider Pty Ltd; Rahman v National Disability Support Provider Pty Ltd [2026] FWC 1757, handed down by Commissioner Walkaden on 14 May 2026, is a striking reminder that even where misconduct is grave, employers cannot afford to coast through the dismissal process.
The applicants, Talat Mahmud and Tamanna Rahman, are married. Both held senior roles at the NDIS provider trading as Assure Ability. Mr Mahmud managed day-to-day operations and oversaw finances, reporting to the chief executive, Dr Mohammad Sharier. Mrs Rahman was the Director of IT and HR. Beyond their jobs, both sat on the board as directors from 30 June 2021 and each held roughly 20 per cent of the company's shares. They were dismissed on 22 May 2025.
The trouble began in early 2025, when the company's accountant flagged financial discrepancies and unpaid tax liabilities. A closer look followed. Dr Sharier later described what he found as widespread fraud, theft and dishonesty.
The Commission agreed there was plenty to dismiss over. Mr Mahmud had received a $25,000 payment in September 2024, recorded as an advance to a director. He called it a loan. The Commission did not. There was no written agreement before...
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