u/filmkeeper

Interesting unfair dismissal case

There was an interesting unfair dismissal decision published today (intertwined with a Victorian WorkCover claim), you can access it here:

Here's the timeline from this case:

  1. 18/08/2025 (Monday): Mr Rodriguez (hereafter the Applicant) provided his employer Centric Facilities (hereafter the Respondent) a medical certificate certifying him as unfit for work from 18/08/2025-22/08/2025. Although not stated explicitly in the FWC decision, it would appear this is stress leave.

  2. 25/08/2025 (Monday): The Applicant returns to work as usual.

  3. 02/09/2025: The Respondent emailed the Applicant to advise of two written warning being issued.

  4. 05/09/2025 (Friday): The Respondent called the Applicant to ask if he wanted to continue in employment, Applicant said yes.

  5. 05/09/2025 (same day): The Applicant saw his GP and was issued with a COC (certificate of capacity).

  6. 07/09/2025 (Sunday): The Applicant gives the COC to the Respondent via email.

  7. 08/09/2025 (Monday): "Mr Rodriguez [the Applicant] received multiple text messages and missed calls from Mr Hanily [the Respondent's Managing Director]. Mr Hanily refused to submit Mr Rodriguez’s WorkCover forms to the Respondent’s Workcover Insurance Agent, and Mr Rodriguez had to contact WorkSafe Victoria directly to obtain the name of the Agent so he could submit it to them directly." From this point on the Respondent never engages with the unfair dismissal process and ignores all directions given to them by the FWC (/The Commission).

  8. 09/09/2025: The Respondent terminates the Applicant's employment.

  9. 13/09/2025: The Applicant lodges an application for unfair dismissal with the The Commission_.

  10. 22/09/2025-29/10/2025: On the 22nd of September the Commission notifies the Respondent. Through to the 24th of October the respondent refused to respond in any way despite repeated requests from the Commission for them to fill in the employer's response form (the last request coming from the Commission on the 24th of October).

  11. 30/10/2025: Conciliation was held; the Respondent did not attend.

  12. 28/11/2025: Notice of listing for a case management conference.

  13. 09/12/2025: A case management conference was held; the Respondent did not attend. The same day the Commission issued a directions to the parties to file material and also a notice of listing for a determinative hearing for 5 February 2026.

  14. 05/02/2026: "The matter was heard on 5 February 2026 in the absence of Centric Facilities. Mr Rodriguez represented himself and gave sworn evidence at the Hearing. Since that time no correspondence has been received from Centric Facilities."

  15. 09/06/2026: The FWC issues their decision as linked above. The Applicant was awarded $15K plus super (workers compensation payments were, of course, deducted from this award).

There's stacks of stuff to unpack here, but just the timeline between the Hearing and Decision is outside of the FWC's 84-day/12-week standard for Decisions to be made after Hearings. Their decision was due by 30 April 2026, but was not issued until June - almost 6 weeks late. This was with a matter where one side chose not represent themselves, which means zero contested facts (in the decision Commissioner Allison stated she found the Applicant was honest in his evidence). No consideration appears to have been given for the 12-month protection period in Victoria, nor to the fact that the Applicant would have accrued 12 months worth of annual leave with superannuation to be paid.

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u/filmkeeper — 28 days ago