Employer contacted worker to confirm whether he abandoned his employment during leave

The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who was employed as a driver.

The worker was employed from 30 August 2023 until 1 July 2025. On 18 July 2025, the worker applied in time for an unfair dismissal remedy under section 394 of the Fair Work Act 2009.

The employer objected to the application on the basis that the dismissal was a case of genuine redundancy.

The questions were whether the dismissal was a case of genuine redundancy, and if not, whether the dismissal was harsh, unjust or unreasonable (such that the worker was unfairly dismissed).

Limited evidence and conflicting allegations

No submissions or witness statements had been filed in support of the parties' respective cases.

The employer filed documents pertaining to the employment relationship, and it was established that, relevantly, the worker was employed as a casual delivery driver on 30 August 2023 under the General Retail Industry Award 2020.

The worker's employment was converted to full-time on 11 March 2024. The worker was paid $32.00 per hour plus superannuation.

Following the termination of his employment, the worker was paid 4 weeks' redundancy pay and 2 weeks' wages in lieu of notice on termination, as well as accrued annual leave.

The only document filed in support of the worker's case was his application. It was alleged that the redundancy was not a genuine...

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