Getting fired is never fun—especially when it’s unjust. If you’ve been handed a termination letter that feels more like a bad joke than a fair outcome, you’re not alone. Each year, thousands of Aussies challenge their sackings through the Fair Work Commission (FWC), claiming unfair dismissal. But what actually counts?

In this article, we unpack 10 real cases from the FWC to show when a firing crosses the legal line. And if you’re looking for Sydney lawyers for an unfair dismissal, keep reading—we’ve got tips, examples, and advice that might just save your job (or at least win you compensation).

🔍 Key Takeaways

• Unfair dismissal means a sacking that’s harsh, unjust or unreasonable under Australia’s Fair Work Act.
• Even if you’re technically at fault, your employer must follow a fair process.
• Lodging a claim? You’ve only got 21 days from the date of dismissal.
• Real-world FWC decisions show that context matters—mitigating factors can turn the tide.
• Small business employers must follow a specific code, or risk being found in breach.
  
  

The FWC’s 4-Point Legal Test

So, how do you know if your dismissal was unfair? The Fair Work Act (s 385) gives us four boxes to tick:

1. You were dismissed — not a resignation, not a redundancy (unless it’s a sham).
2. The dismissal was harsh, unjust or unreasonable — legally, even just one is enough.
3. It wasn’t a genuine redundancy — if the job still exists, that excuse won’t fly.
4. Your employer isn’t protected under the Small Business Fair Dismissal Code, unless they followed it to the letter.
   
   

If you’ve been let go without a valid reason or due process, there’s a good chance the FWC may agree with you.

10 Real-World Examples (That Aren’t Just Legal Mumbo Jumbo)

Let’s get into the juicy stuff. Here are 10 real FWC cases where things either went really wrong (for employers) or totally backfired (for employees):

1. Crowley v Modcon Group [2024]
   Employee was sacked without being given a chance to respond to misconduct allegations. FWC found it harsh and awarded $71,000.
2. Panchal v Bulla Mushrooms [2024]
   Accused of bullying, but the investigation was messier than a truffle hunt. Dismissal overturned.
3. Macnish v Virgin Australia [2024]
   Allegedly drunk on duty—turns out, not quite. Reinstated. Bet that first shift back was fun.
4. Samad v Christmas Island Phosphates [2024]
   Dismissed without considering long service or clean record. Harsh & unjust.
5. Pawelczyk v CBA [2024]
   Sent abusive texts to a manager after hours—FWC sided with employer. Lesson: venting isn’t free speech.
6. Colmenares v [Employer] [2024]
   Small business tried to cut corners. Didn’t end well—$24.5k comp payout.
7. Wight v Queensland Rail [2024]
   Safety risk due to THC in system. FWC backed dismissal—train safety isn’t the place to be mellow.
8. Howlett v Burst Group [2024]
   Fake redundancy trick exposed. Claim dismissed—because deception alone isn’t unfair if done legally (weird, but true).
9. Qureshi v Spotless Services [2023]
   Filed late. Dismissed. You snooze, you lose—literally.
10. Gracie v [School] [2025]
    Just 4 days late filing. Still out. FWC said rules are rules.
    
    

💬 Pull Quote: “Even if the reason is valid, a lack of procedural fairness can still render a dismissal unfair.” — FWC Commissioner

Procedural Fairness Isn’t Optional

You’d think after a few decades of workplace laws, most employers would know how to fire someone properly. But alas—many still wing it.

Here’s what procedural fairness should look like:

• Telling the employee the reason for dismissal
• Giving them a real chance to respond
• Considering that response honestly
• Not firing someone mid-latte without a shred of evidence
  
  

If those steps are skipped? You’ve got a strong case.

What NOT to Do (If You’re Claiming)

This is the only list you don’t want to ignore:

• ❌ Wait until Day 22 to file (FWC does not do fashionably late)
• ❌ Claim “harsh” but provide zero evidence
• ❌ Forget to check if your boss is a small business (under 15 employees)
• ❌ Assume casuals can’t claim (many can if regular & systematic)
• ❌ Rage-post your dismissal letter on LinkedIn—FWC reads that stuff
  
  

What Can You Actually Get?

No, you can’t sue your boss for $3 million and emotional damages because Karen from HR was mean to you.

But you can potentially get:

• Up to 26 weeks’ pay (max cap for compensation)
• Reinstatement (if you’re keen to go back)
• Back-pay for lost wages
  
  

Most successful claims net somewhere between 5 and 7 weeks of pay. Not bad, considering many employers assume you’ll just walk away.

Conclusion: Don’t Go It Alone

Getting fired can feel personal, confusing and just plain unfair. But as we’ve seen, the Fair Work Commission doesn’t just side with employers—especially when rules are ignored or processes are dodgy.

If you suspect your sacking wasn’t above board, don’t waste time. The clock is ticking (21 days, remember?). Stevens & Associates are trusted Sydney lawyers for an unfair dismissal, and they’ve helped plenty of Australians fight back and win.

Because sometimes, the best career move you can make… is calling a good lawyer.