FWC case reveals the expensive consequences of ‘you're fired’ meetings
21 May 2025
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The Fair Work Commission (FWC) recently dealt with a case where a worker challenged his dismissal after nearly 15 years of loyal service.
The worker claimed he was suddenly terminated without any prior consultation or warning, despite having contributed significantly to the growth of the business from its early days.
In his application, the worker argued that his employer failed to comply with mandatory consultation requirements before making his position redundant.
He argued that he was simply called to a meeting, informed that his position was being eliminated, and then promptly asked to clear out his belongings and return company property.
The employer defended the decision by claiming financial difficulties necessitated reducing staff numbers and that the Small Business Fair Dismissal Code protected their actions.
Worker’s unfair redundancy claim
The worker had been employed at a tile import company since July 2010. When the business was just starting, he was hired as a sales representative.
As the business grew, additional sales representatives were hired, including a third one in August 2024 after the purchase of a second warehouse.
By early 2025, the owner claimed the business was struggling due to slow sales and increased costs. Without warning, on 28 February 2025, the owner called the worker to a meeting, having decided that morning that he could no longer afford three...
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