s.394 - Application for unfair dismissal remedy

C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce

Application for an unfair dismissal remedy - termination not harsh, unjust, or unreasonable - application dismissed.

• [1] This decision concerns an application made by Mr Glen Fraser (the Applicant) for an unfair dismissal remedy pursuant to s 394 of the Fair Work Act 2009 (Cth) (the Act). The Applicant was employed by C.E Caddy & G.J Caddy & P.J Pearce & S.R Pearce (the Respondent) and alleges he was dismissed on 15 April 2025. The unfair dismissal application was lodged by the Applicant on 6 May 2025.

• [2] After hearing from the parties during a mention held on 6 June 2025, I determined to conduct the proceedings as a hearing pursuant to s 399 of the Act. The hearing was listed for 24 July 2025, in advance of which both parties filed material in accordance with directions issued. The Applicant appeared and gave evidence at the hearing, while the Respondent was represented by Mr Maurice Addison pursuant to s 596(2) of the Act. Mr Addision called Mr Gary Caddy (Director) and Mr Paul Bentley of the Department of Families, Fairness and Housing to give evidence for the Respondent.

• [3] For reasons given on transcript on 24 July 2025, I am not satisfied that the Applicant's dismissal was harsh, unjust, or unreasonable, and that consequently the Applicant was not unfairly dismissed within the meaning of s 385 of the Act.   The application is consequently dismissed. An Order will be separately issued giving effect to my decision.

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