[2026] FWC 1028
General information, not legal advice.
Fair Work Commission
2026-03-26
Original judgment source is linked above.
s.365 - Application to deal with contraventions involving dismissal
Hays Specialist Recruitment (Australia) Pty Limited, Tasmanian Ports Corporation Pty. Ltd.
Application to deal with contraventions involving dismissal - jurisdictional objection - application dismissed
[1] Earlier today, for reasons delivered ex tempore, I dismissed an application made by Mrs Emma Stuart under s 365 of the Fair Work Act 2009 (Cth) (Act). The application was made against both Hays Specialist Recruitment (Australia) Pty Ltd and Tasmanian Ports Corporation Pty Ltd.
[2] I was satisfied that Mrs Stuart had not been dismissed by the first respondent pursuant to s 386(1)(a) of the Act (as contended) or at all. I further rejected the contention that the second respondent was accessorily liable for any such dismissal.
Printed by authority of the Commonwealth Government Printer
Mrs Emma Stuart
Hays Specialist Recruitment