Ayva Armstrong v Ayuda Healthcare Pty Ltd

[2025] FWC 1328

[2025] FWC 1328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.365—General protections

Ayva Armstrong
v

Ayuda Healthcare Pty Ltd

(C2025/2782)

DEPUTY PRESIDENT COLMAN MELBOURNE, 13 MAY 2025

Objection to s 365 application – jurisdictional objection dismissed

1. Earlier today I dismissed a jurisdictional objection to an application made by Ayva Armstrong (applicant) under s 365 of the Fair Work Act 2009 (Act). The respondent, Ayuda Healthcare Pty Ltd, contended that it did not dismiss the applicant, and that it had merely temporarily suspended her from the casual roster pending an investigation into her performance. The applicant said that the company’s service manager told her that she had been taken off the roster, and also that she was no longer required. I accepted the applicant’s account of this conversation and concluded that the applicant had been dismissed by the respondent. Having dismissed the jurisdictional objection, I then conducted a conference to deal with the matter as required by s 368(1) and the matter was resolved.

DEPUTY PRESIDENT

Appearances:

O. Baits for the applicant
C. Holt for the respondent

Hearing details:

2025
Melbourne (by telephone)
13 May

Printed by authority of the Commonwealth Government Printer

<PR787266>