Fair Work Act 2009

s.394 - Application for unfair dismissal remedy

Application for an unfair dismissal remedy - dismissal found to be unfair - reinstatement not appropriate - compensation ordered.

• [1] This decision concerns an application made by Mr Ray Gruppetta (the Applicant) for an unfair dismissal remedy (the Application) pursuant to s 394 of the Fair Work Act 2009 (Cth) (the Act). The Applicant was employed by Coventry Group Limited (the Respondent) and alleges he was dismissed on 23 May 2025. The Application was lodged by the Applicant on 27 May 2025.

• [2] For reasons given on transcript on 27 August 2025, I am satisfied that the Applicant was dismissed at the initiative of the Respondent. Having been satisfied in respect of the other initial matters, I have considered and found that the Applicant's dismissal was harsh and thereby unfair, that reinstatement would be inappropriate and that an award of compensation is appropriate.

Finally, I have determined to make an order that the Respondent pay $21,679.94 gross less taxation as required by law to the Applicant in lieu of reinstatement within 14 days of the date of this decision. An order giving effect to this decision will be issued separately in conjunction with this decision.

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