| [2025] FWC 676 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394—Unfair dismissal
Hanna Wittner
v
Glad Security Pty. Ltd
(U2024/1682)
| COMMISSIONER MATHESON | SYDNEY, 6 MARCH 2025 |
Application for an unfair dismissal remedy
Hanna Wittner (Applicant) made an application to the Fair Work Commission (Commission) under s.394 of the Fair Work Act 2009 (Cth) (FW Act) for a remedy, alleging that she had been unfairly dismissed from her employment with Glad Security Pty. Ltd (Respondent). The Applicant seeks reinstatement or, in the alternative, compensation.[1]
When can the Commission order a remedy for unfair dismissal?
Section 390 of the FW Act provides that the Commission may order a remedy if:
(a) the Commission is satisfied that the Applicant was protected from unfair dismissal at the time of being dismissed; and
(b) the Applicant has been unfairly dismissed.
Both limbs must be satisfied. I am therefore required to consider whether the Applicant was protected from unfair dismissal at the time of being dismissed and, if I am satisfied that the Applicant was so protected, whether the Applicant has been unfairly dismissed.
When is a person protected from unfair dismissal?
Section 382 of the FW Act provides that a person is protected from unfair dismissal if, at the time of being dismissed:
(a) the person is an employee who has completed a period of employment with his or her employer of at least the minimum employment period; and
(b) one or more of the following apply:
(i)a modern award covers the person;
(ii)an enterprise agreement applies to the person in relation to the employment;
(iii)the sum of the person’s annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than the high income threshold.
When has a person been unfairly dismissed?
Section 385 of the FW Act provides that a person has been unfairly dismissed if the Commission is satisfied that:
(a) the person has been dismissed; and
(b) the dismissal was harsh, unjust or unreasonable; and
(c) the dismissal was not consistent with the Small Business Fair Dismissal Code; and
(d) the dismissal was not a case of genuine redundancy.
Background
The uncontested factual background to the matter is as follows:
The Respondent is a part of the Glad Group[2] and provides cleaning, security, guest and maintenance services to the clients under contractual arrangements, including the Queensland Investment Corporation (Client) which is a Queensland Government owned entity and the owner of Eastland Shopping Centre in Victoria (Shopping Centre).[3]
The Respondent has a contract with the Client (Services Contract) and employs employees to carry out services at the Shopping Centre for the Client.
The Applicant commenced working for the Respondent in late March 2023 in a guest services role (Role) at the Shopping Centre.[4]
The Role involved the Applicant working at the information desk at the Shopping Centre by assisting customers, managing enquiries,…
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- Case
- [2025] FWC 676
- Decision Date
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