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ARTICLE · 18 FEBRUARY 2025

Procedural pitfalls during termination process give rise to successful unfair dismissal claim

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

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Recent case serves as a timely reminder for employers to exercise caution when dismissing an employee.

AustraliaEmployment and HR
Annie Smeaton
Annie Smeaton
Blake Micallef
Blake Micallef
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The Fair Work Commission's recent finding in Unicomb v SESLS Industrial Pty Ltd [2025] FWC 186 serves as a timely reminder for employers to exercise caution when dismissing an employee. In this case, labour hire company SESLS was ordered to compensate a worker the equivalent of eight weeks' pay after it was found that SESLS had unfairly dismissed the employee. Despite possessing valid reasons for dismissal, the Commission found the termination process flawed because the worker was not afforded a proper opportunity to respond to the reasons for dismissal.

Preliminary facts

In May 2020, the employee commenced employment with SESLS where he was assigned to work at an open cut coal mine in New South Wales. The mine was owned and operated by Whitehaven Coal Mining Ltd (WHC).

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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