Mr Glen Fraser v C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce Summary

[2025] FWC 2170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Mr Glen Fraser
v

C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce

(U2025/5599)

DEPUTY PRESIDENT MASSON

MELBOURNE, 25 JULY 2025

Application for an unfair dismissal remedy – termination not harsh, unjust, or unreasonable – application dismissed.  

This decision concerns an application made by Mr Glen Fraser (the Applicant) for an unfair dismissal remedy pursuant to s 394 of the Fair Work Act 2009 (Cth) (the Act). The Applicant was employed by C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce (the Respondent) and alleges he was dismissed on 15 April 2025. The unfair dismissal application was lodged by the Applicant on 6 May 2025.

After hearing from the parties during a mention held on 6 June 2025, I determined to conduct the proceedings as a hearing pursuant to s 399 of the Act. The hearing was listed for 24 July 2025, in advance of which both parties filed material in accordance with directions issued. The Applicant appeared and gave evidence at the hearing, while the Respondent was represented by Mr Maurice Addison pursuant to s 596(2) of the Act. Mr Addision called Mr Gary Caddy (Director) and Mr Paul Bentley of the Department of Families, Fairness and Housing to give evidence for the Respondent.

For reasons given on transcript on 24 July 2025, I am not satisfied that the Applicant’s dismissal was harsh, unjust, or unreasonable, and that consequently the Applicant was not unfairly dismissed within the meaning of s 385 of the Act.   The application is consequently dismissed. An Order will be separately issued giving effect to my decision.

DEPUTY PRESIDENT

Appearances:

G Fraser, Applicant.
M Addison for the Respondent.

Hearing details:

2025.
Melbourne:
July 25.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered Mr Glen Fraser’s application for an unfair dismissal remedy against his former employers, C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce. Mr Fraser alleged that his dismissal on April 15, 2025, was unfair under the Fair Work Act 2009. The application was lodged on May 6, 2025, and the matter was heard on July 24, 2025, after a mention on June 6, 2025. Mr Fraser testified at the hearing, while the respondents were represented by Mr Maurice Addison and called additional witnesses to support their case.

The central legal issues in the case were whether Mr Fraser's dismissal was harsh, unjust, or unreasonable, as defined by section 385 of the Fair Work Act 2009. The Deputy President, Masson, examined the evidence presented by both parties to determine if the dismissal met the criteria for being unfair. The evidence included testimonies from Mr Fraser, Mr Gary Caddy, and Mr Paul Bentley. The Deputy President's analysis focused on the procedural fairness of the dismissal process and the substantive fairness of the decision to terminate Mr Fraser's employment.

After careful consideration of the evidence, the Deputy President concluded that the dismissal was not harsh, unjust, or unreasonable. The decision was based on the procedural fairness of the dismissal process and the reasons provided by the respondents for the termination. The Deputy President was satisfied that the Respondents had valid grounds for dismissing Mr Fraser and that the process followed was fair. Consequently, the application for an unfair dismissal remedy was dismissed, and an order will be issued to reflect this decision.

Mr Glen Fraser v C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established