Employer successfully defends termination before FWC despite apprentice's challenge
29 Apr 2025
Share
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from an electrical apprentice whose employment was terminated on grounds of redundancy by a small agricultural services provider.
The worker challenged his redundancy on two main grounds. First, he argued that his dismissal was not genuine under the Fair Work Act 2009. Second, he contested the employer's claim of being a small business, suggesting it was part of a larger network of associated companies.
The case centred on whether proper procedures were followed and if redeployment opportunities were adequately considered before termination.
The worker was employed as an electrical apprentice between April 2023 and November 2024. He initially joined as a mechanical technician before entering a 4-year apprenticeship agreement in August 2023.
His duties included providing mechanical service and installation work for egg processing equipment across Victoria and interstate.
The employer, with only four direct employees at termination time, attributed the dismissal to an avian influenza outbreak in Victoria around May 2024. This outbreak significantly disrupted their operations in the agricultural sector.
The general manager of the employer testified: "Almost all scheduled work was put on hold or cancelled, with the exception of some work interstate...
Business The Managing Director of PWAN Plus Business Concerns Ltd, Prof. Julius Oyedemi has refuted allegations made by social media influencer, Scott Iguma, over the ownership and allocation of la...