Kaylee Wright v Diabetes Australia
[2025] FWC 2418
•18 AUGUST 2025
| [2025] FWC 2418 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal
Kaylee Wright
v
Diabetes Australia
(C2025/6149)
| COMMISSIONER MIRABELLA | MELBOURNE, 18 AUGUST 2025 |
Application to deal with contraventions involving dismissal – Jurisdictional objection – Not dismissed
For the reasons given on transcript earlier today, I found that the Applicant had not been dismissed within the meaning of s. 386(1).
As Ms Wright has not been “dismissed”, a jurisdictional prerequisite required for a general protections application under s. 365 of the Act, the Commission is not able to proceed further with the application or exercise any powers conferred by s. 369. The jurisdictional objection is upheld and the application is dismissed.
COMMISSIONER
Appearances:
Ms K. Wright, the Applicant
Ms H. Gould, Chief people Officer, representing the Respondent
Hearing details:
2025
18 August
Via Microsoft Teams Video
Printed by authority of the Commonwealth Government Printer
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