Krystal Attenborough v Olaoluwa Company Pty Ltd

[2025] FWC 124

[2025] FWC 124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Krystal Attenborough
v

Olaoluwa Company Pty Ltd

(U2024/14737)

DEPUTY PRESIDENT COLMAN MELBOURNE, 14 JANUARY 2025

Unfair dismissal application – application dismissed

1. Earlier today, I dismissed an application made by Krystal Attenborough (applicant) under s 394 of the Fair Work Act 2009 (Act). Olaoluwa Company Pty Ltd (respondent) had objected to the application on the ground that it did not dismiss the applicant. At today’s mention, the applicant confirmed that she was never employed by the respondent. She had been employed by a partnership that owned the pharmacy in which she worked. The pharmacy was bought by the respondent, which then made offers of employment to some of the partnership’s employees, but not to her. It was clear that the applicant was not dismissed by the respondent because it never employed her. Only a person who has been dismissed may apply for an unfair dismissal remedy under s 394 of the Act. The application was therefore dismissed.

DEPUTY PRESIDENT

Appearances:

K. Attenborough for herself
F. Olanrewaju for the respondent

Hearing details:
2025
Melbourne (by telephone)
14 January

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