s.394 - Application for unfair dismissal remedy

• [1] On 15 September 2025, I delivered an ex tempore decision in this matter, setting out reasons for the following determinations:

1. I determined to allow Ms Payne an extension of time for the filing of her unfair dismissal application (which was five days late) on the basis I was satisfied there were exceptional circumstances, taking into account the criteria in s 394(3) of the Fair Work Act 2009.

1. I determined that Ms Payne had been dismissed on 4 July 2025 as her notice period had been unilaterally shortened by the Respondent.

1. I determined that Ms Payne's dismissal was unfair taking into account the criteria at s 387 of the Act, as there was no valid reason relating to capacity or conduct, and Ms Payne had been entitled to remain employed for the remainder of her notice period.

• [2] In coming to these conclusions, I acknowledge that Wijoch Pty. Ltd. did not intentionally treat Ms Payne unfairly and was under the impression it was acting in accordance with notice requirements.

• [3] However, for reasons set out my ex tempore decision, and having found it is not appropriate to reinstate Ms Payne, I have determined it is appropriate for Ms Payne to receive compensation. Taking into account all the circumstances of the case, including the criteria at s 392(2) of the Act, I have determined that Ms Payne should be paid compensation equivalent to that which she would have received if she had continued to be employed for a further week. Accordingly, I have determined Ms Payne should be paid compensation of:

• [4] 1 week's pay ($1,663.46 gross) subject to applicable tax required by law;
• [5] 1 week's accrued annual leave ($127.95 gross) subject to applicable tax required by law;[1] and superannuation on the 1 week's pay within 14 days of the date of this decision.

• [6] An order giving effect to this decision in published with this decision.

[1] As per s 392(2)(g), I consider it relevant that Ms Payne would have been paid out a further 2.923 hours accrued annual leave had she worked her remaining notice.

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