Muaz Khan v Step Up Disability Services Pty Ltd - [2025] FWC 922

[2025] FWC 922

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Muaz Khan
v

Step Up Disability Services Pty Ltd

(U2024/11256)

COMMISSIONER CRAWFORD

SYDNEY, 2 APRIL 2025

Application for relief from unfair dismissal – dispute between legal guardian of employee and employer – valid reason for dismissal – no procedural fairness issues – dismissal harsh due to employee’s personal circumstances – reinstatement ordered effective 1 July 2025 with continuity of service but no compensation.

Background

Muaz Khan (Muaz) commenced part-time employment with Step Up Disability Services Pty Ltd (Step Up) on around 30 August 2022 as an Assistant Mentor.[1] Muaz worked under the Supported Wage System (SWS) with a productivity assessment of 60%. Muaz worked eight hours per week. I have previously determined that Muaz was dismissed by Step Up on 1 September 2024.[2] Zaffar Khan is Muaz’s father and legal guardian. Muaz was dismissed following a dispute between Mr Khan and Step Up over the signing of a new Services Agreement. Mr Khan filed an unfair dismissal application on behalf of Muaz on 22 September 2024. This decision concerns the merits of Muaz’s unfair dismissal application and, if necessary, what remedy should be ordered.

I listed a hearing for 24 March 2025 via video. Mr Khan represented Muaz at the hearing. Amy Lee (Operations Manager) represented Step Up.

Material filed

The parties filed a considerable number of documents in support of their positions. The documents contained a mixture of evidence and submissions. I marked the documents filed by Mr Khan collectively as Exhibit A1.[3] Mr Khan was not required for cross-examination. I marked the documents filed by Step Up collectively as Exhibit R1.[4] Ms Lee was not required for cross-examination.

I have reviewed all the evidence and submissions filed by the parties. I do not consider much of the material to be overly relevant to the issues I need to determine. I consider the critical evidence is captured in Muaz’s employment contract and the emails sent between Step Up and Mr Khan regarding the signing of a new Service Agreement in August 2024.

Muaz’s part-time employment contract is dated 19 January 2023. The contract refers to Muaz’s employment commencing on 3 January 2023. However, it appears the employment commenced prior to that date without the existence of a written employment contract.[5] The contract states Muaz’s duties and responsibilities are set out in a Job Description and that Muaz would be required to “carry out other duties reasonably required by Step Up Disability Services that you are skilled and capable of performing.”

A series of emails were exchanged between Step Up and Mr Khan from 19 July 2024 to 31 August 2024.

Following an increase in National Disability Insurance Scheme (NDIS) fees on 1 July 2024, Step Up sent an email to Participants, Parents, and Support Coordinators on 19 July 2024.[6] The email contained new support rates to commence for existing participants on 1 August 2024. The email also…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Muaz Khan v Step Up Disability Services Pty Ltd

Details

AGLC: Muaz Khan v Step Up Disability Services Pty Ltd [2025] FWC 922
Case: [2025] FWC 922
Decision Date: 2 APRIL 2025

CaseChat Overview and Summary

In this case, Muaz Khan, who has a disability, brought an application for unfair dismissal against his former employer, Step Up Disability Services Pty Ltd. Muaz was dismissed after his legal guardian, Mr Khan, refused to sign a new Service Agreement required by Step Up. The Fair Work Commission found that Muaz's dismissal was harsh, unjust or unreasonable because Muaz was dismissed through no fault of his own and his dismissal had significant personal consequences for him.

The Commission found that Step Up had a valid reason for Muaz's dismissal because his guardian's refusal to sign the new Service Agreement was a breach of a lawful and reasonable direction. The Commission also found that Muaz was notified of the reason for dismissal and given an opportunity to respond through his guardian.

However, the Commission found that Muaz's dismissal was harsh because of his unique personal circumstances and because he did not do anything wrong in relation to his dismissal. The Commission ordered that Muaz be reinstated to his previous part-time position as Assistant Mentor effective 1 July 2025, with continuity of service. The Commission did not order compensation for lost income because Muaz did not seek it and the Commission considered it inappropriate in the circumstances.

Orders