FWC recognises difficulties faced by older workers in securing new employment

08 Apr 2025

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The Fair Work Commission (FWC) recently dealt with an unfair dismissal case involving a worker who was terminated by his employer after more than three years of service.

The worker argued that his dismissal was unfair, claiming he had intended to remain with the employer until retirement age. He maintained that his termination had significant impacts on his personal life, including his ability to care for his dependent daughter.

The employer contended that the worker's performance was substandard, which led to the decision to terminate the employment relationship. However, they provided limited examples to support this claim, with most being outdated and not relevant at the time of dismissal.

Background of the case

The case began when the worker filed an unfair dismissal application under section 394 of the Fair Work Act 2009. On 7 March 2025, the FWC found that the worker had been unfairly dismissed by his employer, a retail business operating multiple outlets in Western Australia.

The worker had been employed at the employer's Warnbro store for over three years prior to his dismissal, working between 28 to 38 hours per week at an hourly rate of $25.65. The FWC described this duration as "neither an exceptionally short period nor an exceptionally long period of employment."

Following the unfair dismissal finding, both parties submitted materials about the appropriate remedy....

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