//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2016] FWC 1690
defendant. The applicant was unfairly dismissed. The respondent was ordered to pay compensation of $828.00 less tax according to law (one week's wages). Reinstatement was not appropriate as the applicant had...
A labourer who called his boss an 'old cunt' during a heated phone argument was unfairly dismissed, the Fair Work Commission has found. While the language provided a valid reason for dismissal, the Commission found the dismissal was procedurally unfair because the employee was sacked by text message without warning or chance to respond. The boss had also verbally abused the employee first when he asked about unpaid overtime. The Commission awarded one week's pay ($828) in compensation, noting the employee found new work immediately and the company was now in liquidation. The Commission confirmed it could hear the case even though the employer was in liquidation, as it is not a 'court' for the purposes of the Corporations Act stay provisions.
AI-generated legal information, not legal advice. Zoe can make mistakes. Check the cited source, and for advice about your situation consult a qualified Australian lawyer.
1 cited instrument linked from this judgment.
(#P32_2349) Transcript of proceedings PN192.
(#P37_3166) PN30 to PN33.
(#P74_9863) PN12.
(#P75_10138) PN13 to PN15.
(#P76_10202) PN16.
(#P90_11136) For example see: Bruce v Fingal Glen Pty Ltd T/A Comfort Inn Adelaide Riviera (Fingal Glen) [2013] FWC 2704, findings in respect of the Corporations Act were not disturbed by the Full Bench in Bruce v Fingal Glen Pty Ltd (in liq) [2013] FWCFB 5279; Christie v Kennedys Personal Training Pty Ltd [2015] FWC 7274.
(#P113_13282) Allied Express Transport Pty Ltd v Anderson (1998) 81 IR 410 at 5; Yew v ACI Glass Packaging Pty Ltd (1996) 71 IR 201 at 204.
(#P114_13556) Selverchandron v Peteron Plastics Pty Ltd (1995) 62 IR 371 at 373.
(#P115_13737) Rode v Burwood Mitsubishi Print R4471 at [90] per Ross VP, Polites SDP, Foggo C.
(#P116_13977) Miller v University of NSW [2003] FCAFC 180 at pn 13, 14 August 2003, per Gray J.
(#P125_14695) Stewart v University of Melbourne (U No 30073 of 1999 Print S2535) Per Ross VP citing Byrne v Australian Airlines (1995) 185 CLR 410 at 465-8 per McHugh and Gummow JJ.
(#P156_18859) Transcript of proceedings PN64.
(#P161_20799) Transcript of proceedings PN89.
(#P162_21134) Transcript of proceedings PN194.
(#P163_21704) Transcript of proceedings PN200.
Printed by authority of the Commonwealth Government Printer
Hain
Ace Recycling PTY LTD [2016] FWC 1690
(1996) 71 IR 201
(1995) 185 CLR 410
(1998) 81 IR 410
(1995) 62 IR 371
The applicant was unfairly dismissed. The respondent was ordered to pay compensation of $828.00 less tax according to law (one week's wages). Reinstatement was not appropriate as the applicant had obtained alternative employment and the respondent was in liquidation.