Dismissal without notice deemed unfair
In a recent case, the Fair Work Commission ruled that while an employee’s dismissal was valid, it was still unfair due to the employer’s failure to provide notice or payment in lieu.
In Carmody v Bureau Veritas Minerals Pty Ltd [2025] FWC 259, the Commission found that Mr. Carmody’s termination was based on serious professional errors, but his conduct did not meet the threshold of serious and wilful misconduct—which is required for immediate (summary) dismissal. As a result, the employer’s failure to provide proper notice or payment in lieu rendered the dismissal harsh.
Why Does This Matter for Employees?
Even if an employer has a valid reason for dismissal, they must still follow fair procedures, including:
providing the required notice period or paying in lieu of notice (unless serious misconduct is proven).
Ensuring any dismissal is proportionate to the conduct in question.
In this case, the Fair Work Commission awarded Mr. Carmody one month’s pay ($5,824 gross) plus superannuation to compensate for the lack of notice.
Key Takeaway for Employees
If you’ve been dismissed without notice or pay in lieu, your termination may be unfair, even if your employer had a valid reason. You could be entitled to compensation.
