Ms Narelle Payne v Wijoch Pty. Ltd Summary

[2025] FWC 2762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Ms Narelle Payne
v

Wijoch Pty. Ltd.

(U2025/12359)

COMMISSIONER ALLISON

MELBOURNE, 16 SEPTEMBER 2025

Application for an unfair dismissal remedy

On 15 September 2025, I delivered an ex tempore decision in this matter, setting out reasons for the following determinations:

I determined to allow Ms Payne an extension of time for the filing of her unfair dismissal application (which was five days late) on the basis I was satisfied there were exceptional circumstances, taking into account the criteria in s 394(3) of the Fair Work Act 2009.

I determined that Ms Payne had been dismissed on 4 July 2025 as her notice period had been unilaterally shortened by the Respondent.

I determined that Ms Payne’s dismissal was unfair taking into account the criteria at s 387 of the Act, as there was no valid reason relating to capacity or conduct, and Ms Payne had been entitled to remain employed for the remainder of her notice period.

In coming to these conclusions, I acknowledge that Wijoch Pty. Ltd. did not intentionally treat Ms Payne unfairly and was under the impression it was acting in accordance with notice requirements.

However, for reasons set out my ex tempore decision, and having found it is not appropriate to reinstate Ms Payne, I have determined it is appropriate for Ms Payne to receive compensation. Taking into account all the circumstances of the case, including the criteria at s 392(2) of the Act, I have determined that Ms Payne should be paid compensation equivalent to that which she would have received if she had continued to be employed for a further week. Accordingly, I have determined Ms Payne should be paid compensation of:

1 week’s pay ($1,663.46 gross) subject to applicable tax required by law;
1 week’s accrued annual leave ($127.95 gross) subject to applicable tax required by law;[1] and superannuation on the 1 week’s pay within 14 days of the date of this decision.

An order giving effect to this decision in published with this decision.

COMMISSIONER

Appearances:

N Payne, Applicant
F Battersby and G Adams, for the Respondent

Hearing details:

15 September 2025
Melbourne

[1] As per s 392(2)(g), I consider it relevant that Ms Payne would have been paid out a further 2.923 hours accrued annual leave had she worked her remaining notice.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ms Narelle Payne applied to the Fair Work Commission for a remedy in respect of her dismissal by Wijoch Pty. Ltd. The Commission was required to determine whether Ms Payne's dismissal was unfair under the Fair Work Act 2009, and if so, the appropriate remedy. The Commission needed to consider if Ms Payne had been dismissed, whether the dismissal was for a valid reason, and if the dismissal process was reasonable. Additionally, the Commission had to decide if there were exceptional circumstances justifying the late filing of the application and what compensation, if any, should be awarded.

The Commission found that Ms Payne had indeed been dismissed when her notice period was unilaterally shortened by the employer. The Commission acknowledged that the employer did not act with malice but believed it was following notice requirements. However, the Commission determined that there was no valid reason for the dismissal in terms of capacity or conduct, and Ms Payne was entitled to remain employed for the remainder of her notice period. Consequently, the dismissal was deemed unfair. The Commission decided against reinstatement but found it appropriate to award compensation. Considering the circumstances, Ms Payne was awarded compensation equivalent to one week's pay, one week's accrued annual leave, and superannuation on the one week’s pay.

In light of the findings, the Commission ordered that Ms Payne be paid compensation equivalent to one week's pay, one week's accrued annual leave, and superannuation on the one week’s pay within 14 days of the decision. The decision was made considering the criteria under the Fair Work Act 2009, ensuring that the compensation reflected the period Ms Payne would have continued to work had her dismissal not occurred. This decision aimed to provide Ms Payne with adequate redress for the unfair dismissal.

Ms Narelle Payne v Wijoch Pty. Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established