[2025] FWC 3420
General information, not legal advice.
Fair Work Commission
2025-11-14
Original judgment source is linked above.
s.394 - Unfair dismissal
Application for an unfair dismissal remedy - termination not harsh, unjust, or unreasonable - application dismissed.
(a) delivering training and account setup services for new clients both in Victoria and in other States;
(b) providing ongoing support for clients, including providing solutions to client problems and handling client complaints;
(d) developing and updating client documentation, training and promotional material.[2]
2.7 The Employee undertakes that subject to clause 2.9, the Employee will not at any time during the period of Employment without the consent in writing of the Managing Director which consent may not be unreasonably withheld:
(a) be engaged, employed, concerned or interested directly or indirectly (otherwise than as a share or debenture or note holder in a public company) in any proposal, project, assignment or development which is in or in connection with the industry in which the Company is concerned;
(b) be engaged directly, or interested directly or indirectly in any other employment, business or occupation.
2.9 Without limiting the generality of clause 2.7 above, the Employee will not during the Employment hold any position for monetary or other reward which may in any way be seen to conflict with the Employee's performance of the Duties.
2.11 The Employee agrees to use the Employee's best endeavours to promote the business interests of the Company and the Group and to expand their respective businesses and not engage in any activities which may adversely affect the reputation or goodwill of the Company, its clients or its customers;
"13.1 For the purposes of this clause 13, Employment shall include the period from the Agreement Date. The Employee undertakes that the Employee will not, neither during, nor after the period of Employment, except in the proper course of the Duties or as permitted by the Company, divulge to any person or use any trade secret or any confidential information concerning:
(a) the business, financial arrangements or position of the Company or any company within the Group, or their respective clients; or
(b) any of the dealings, transactions or affairs of the business of the Company or any company within the Group, or their respective clients.
13.2 the Employee undertakes that the Employee will during the period of the Employment use the Employee's best endeavours to prevent the publication, use or disclosure of any trade secret or confidential information referred to in clause 13.1.
13.3 Without limiting the generality of the trade secrets or confidential information described in clause 13.1 above, the undertaking in this clause will also apply to the confidential information which is listed in Schedule 2 to this agreement by the Company (or, provided that prior written notice is provided to the Employee at the time that this Agreement is executed or subsequently listed during the Employment).
13.4 Upon being requested to do so by the Company, the Employee undertakes to enter into such confidentiality agreements with the Company, any company within the Group, or any of their respective clients, as the Company may require."
(a) as Software Training Assistant & Support officer, the Applicant was expected to travel interstate, this having been made clear to her when she applied for the role and as referenced in in clause 2.4(c), Schedule 1 - Job Description and clause 9 of the Employment Agreement and as made clear in clause 2.10 of the Employment Agreement, her remuneration was calculated on the basis of including work performed outside ordinary hours of work;
(b) Mr Kan did not observe the Applicant working excessive hours;
(c) Mr Kan's message to the Applicant on her broader communication of the completion of uploading the webinars was to avoid unnecessarily distracting other staff via the team chat; and
(a) Global Property is a real estate agency and is in direct competition with the Respondent's clients, namely other real estate agencies.
(b) Global Property would be interested in confidential information held by the Respondent to the extent that information related to clients who were Global Property's competitors.
(c) The Applicant's role with the Respondent was a post-sales, client facing role. Clients of the Respondent who interacted with the Applicant during her employment would recognise the Applicant's profile on Global Property's website.
We need to speak with you urgently regarding a matter that has come to our attention.
It has been brought to our attention that you are listed as a Director on the Global Property website:
This appears to be in breach of your employment agreement, which states that during your period of employment, you must not - without written consent - be engaged or involved, directly or indirectly, in any other employment or business.
Given the seriousness of this, your access to company systems has been suspended while we seek to understand the situation.
Please do not return to work until we've had the opportunity to speak. We're requesting a Zoom meeting with you this Thursday to give you a fair chance to explain. Let us know what time you're available and we'll confirm the details.
Following on from our meeting on Thursday, I confirm the following:
I have not entered into a contract with Global Property, completed any work on behalf of Global Property, nor received any monetary compensation or reward from Global Property to date. A profile has been created on Global Property's website at the request of my husband. Therefore, I do not believe I have breached my obligations owed to iProperty.
I am prepared, willing, and able to fulfil my notice period. However, in light of the fact that my access to iProperty's systems has now been revoked and I have been removed from iProperty's work chat, it appears that iProperty has already predetermined that it does not wish for me to resume my duties in the workplace. In these circumstances it appears there may be advantages to a prompt and harmonious cessation of my employment.
To this end, I am willing to accept payment in lieu of the notice period specified in my employment contract, which is twelve weeks, including any travel expenses owed in order to formally conclude my employment. Please let me know if iProperty wishes to proceed on this basis or confirm the arrangements that are being made to allow me to return to the workplace?
Should any unlawful action be taken regarding my employment following the receipt of this email, I reserve the right to use this correspondence in any future legal proceedings.
(i) the property at 275 Dandelion Drive, Rowville, Victoria, 3178, sold on 23 April 2025;
(ii) the property at 21 Lucerne Road, Ferntree Gully, Victoria, 3156, sold on 21 April 2025; and
(iii) the property at 17 Patterson Street, Bayswater, Victoria, 3153, sold on 13 April 2025.[22]
Global Property engaged Ms Chislett to be employed on a casual basis, during this time she acted as an open host, and she wasn't paid any commissions in relation to the alleged property sales referred to in the proceedings.
I refer to the meeting on 1 May 2025 between you, me, and John Georgopoulos, in relation to our employment with iProperty Express Pty Ltd (iProperty).
As you know, we have recently discussed with you our belief that during your employment with iProperty you have been, and may still be, engaged or involved, either directly or indirectly, with other employment or business with Global Property. We formed this belief on the basis of the following:
You have been given an opportunity to respond to this allegation. While the Company has taken your response into account, the Company does not accept your explanation.
iProperty believes that your conduct is in serious breach of your employment contract dated 29 May 2024, including clause 2.7. Your conduct has also seriously undermined the relationship of trust between you and iProperty.
Based on the above, iProperty is considering terminating your employment summarily.
In order to provide you a final, full, and fair opportunity to respond to the matters set out in this letter, we request that you attend a meeting with me and John Georgopoulos at 12pm on Monday, 12 May 2025.
At that meeting, we will ask you to show cause why your employment with iProperty should not be terminated, including by providing any information you think may impact iProperty's decision in relation to your employment. If you would like, you may provide your response in writing prior to the meeting.
You are welcome to bring a support person to the meeting. The role of your support person would be to provide support only, not to become involved in discussions. If you would like to bring a support person, please advise me in advance of the meeting who that person will be, so we can confirm that they are an appropriate support person.
At this stage, no decision regarding the future of your employment has been made. iProperty will take into account any information you provide prior to making its decision. However, if you choose not to provide a response, iProperty will make a decision in relation to your employment on the basis of the information available to it at the time.
Your employment will remain suspended on full pay. During the period of your suspension, you must remain contactable during working hours. You must not perform any work, or have any contact with iProperty staff, customers, or suppliers. You must also keep this matter confidential. Any breach of these requirements may result in disciplinary action, up to and including termination of employment.
I refer to our ongoing discussions in relation to your employment with iProperty Express Pty Ltd (iProperty).
This letter confirms the summary termination of your employment with iProperty on the basis of your conduct set out in our letter dated 9 May 2025.
iProperty has come to this decision taking into account your response to our invitation to show cause provided on 12 May 2025 and the letter from your legal representative dated 9 May 2025.
Your employment will terminate today. You will be paid any:
We take this opportunity to remind you of your obligations to iProperty that are ongoing following the termination of your employment, including in respect of its confidential information, intellectual property, and the post-employment restrictions set out at clause 14 of your employment contract dated 29 May 2024.
Please ensure that you promptly return any property belonging to iProperty that is in your possession, including any confidential information.
(i) "Taylah Chislett is part of the team at Schroeder & Wallis located at 48/1470 Ferntree Gully Rd, Knoxfield VIC 3180, and currently has 2 listings for sale"; and
(ii) "Taylah Chislett from Schroeder& Wallis has sold 5 properties in the last 12 months, with an average sale price of $866k and total sales valued at $4.3m. Taylah Chislett worked with Howie Simpson on 5 of these sales"
(i) the property at 275 Dandelion Drive, Rowville, Victoria, 3178, sold on 6 May 2025; and
(ii) the property at 21 Lucerne Road, Ferntree Gully, Victoria, 3156, sold on 29 April 2025.
(a) the person's employment with his or her employer has been terminated on the employer's initiative; or
(b) the person has resigned from his or her employment, but was forced to do so because of conduct, or a course of conduct, engaged in by his or her employer.
(a) whether the application was made within the period required in subsection 394(2);
(b) whether the person was protected from unfair dismissal;
(c) whether the dismissal was consistent with the Small Business Fair Dismissal Code; and
(d) whether the dismissal was a case of genuine redundancy.
Was the dismissal harsh, unjust, or unreasonable?
(a) whether there was a valid reason for the dismissal related to the person's capacity or conduct (including its effect on the safety and welfare of other employees); and
(b) whether the person was notified of that reason; and
(c) whether the person was given an opportunity to respond to any reason related to the capacity or conduct of the person; and
(d) any unreasonable refusal by the employer to allow the person to have a support person present to assist at any discussions relating to dismissal; and
(e) if the dismissal related to unsatisfactory performance by the person - whether the person had been warned about that unsatisfactory performance before the dismissal; and
(f) the degree to which the size of the employer's enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
(g) the degree to which the absence of dedicated human resource management specialists or expertise in the enterprise would be likely to impact on the procedures followed in effecting the dismissal; and
(h) any other matters that the FWC considers relevant.
Was there a valid reason for the dismissal related to the Applicant's capacity or conduct - s 387(a)?
Opportunity to respond to any reason related to capacity or conduct - s 387(c)
Warnings regarding unsatisfactory performance - s 387(e)
Impact of the size of the Respondent on procedures followed - s 387(f)
Impact of absence of dedicated human resources management specialist/expertise on procedures followed - s 387(g)
Is the Commission satisfied that the dismissal of the Applicant was harsh, unjust, or unreasonable?
[1] Exhibit R1, Witness Statement of Mr Junhai Kan, dated 27 August 2025, Annexure JK1 9 Taylah Chislett Employment Agreement, dated 31 May 2024
[2] Exhibit R1, at [7], Annexure JK1, Schedule 1 Position Description
[3] Exhibit A1, Witness Statement of Taylah Chislett, dated 6 August 2025, at [6]a&b.
[6] Exhibit A1, at [6]e., Annexure B, office chat message, dated 9 April 2025
[8] Exhibit A1, at [6]g., Annexure C, Message from Junhai Kan,
[11] Exhibit R1, at[10], Annexure JK2, Letter of resignation, dated 14 April 2025
[12] Exhibit R1, at [12], Annexure JK3, Global Property profile of Applicant
[14] Exhibit R1, at [14], Annexure JK5
[16] Exhibit R1, Annexure JK6, Email from Junhai Kan to Applicant dated 29 April 2025
[21] Exhibit R1, Annexure JK7, Email from Applicant to Junhai Kan, dated 5 May 2025
[22] Exhibit R1, at [20], Annexure JK8, Realestate.com Property Listings and Sales of Applicant
[24] Exhibit R1, at [21], Annexure JK9
[26] Exhibit AX, Letter from Bill Schroeder to Fair Work Commission, dated 2 September 2025, titled Re: Matter of Taylah Chislett v iProperty Express Pty Ltd (U2025/9292)
[29] Exhibit R1, Annexure 9, Invitation to Show Cause Letter, dated 9 May 2025
[30] Exhibit R1, Annexure JK12, Letter from Slater & Gordon, dated 9 May 2025
[32] Exhibit R1, at[29]-[31], Annexure JK13, text messages to/from Applicant's mobile phone number
[34] Exhibit R1, Annexure JK14, Letter to Applicant, dated 12 May 2025. Titled 'Termination of Your Employment'
[35] Exhibit R1, Annexure JK177, Email from Applicant's work email to personal email address, dated 12 February 2025, titled 'All About Rent Roll Growth - Tuesday 18 February, Kew Golf Club'
[36] Exhibit R1, at [42]-[46], Annexure JK19, 18 February Conference attendance sheet.
[38] Exhibit R1, Annexure JK21, Letter from Baker McKenzie to Slater & Gordon, dated 19 June 2025, titled 'Taylah Chislett - Ongoing Obligations to IProperty Express'
[39] Exhibit R1, Annexure JK22, Letter from Slater & Gordon to Baker McKenzie, dated 23 June 2025, titled 'Ms Taylah Chislett & iProperty Express Pty Ltd | Alleged Breaches of Ongoing Obligations'
[41] Exhibit R1, Annexure JK23, Domain Profile of Applicant
[42] Exhibit R1, Annexure JK24, Schroeder & Wallis Domain profile
[46] Exhibit A2, Witness Statement of Mr Howie Simpson, dated6 August 2025, at [4]
[51] Selvachandran v Peteron Plastics Pty Ltd [1995] IRCA 333; (1995) 62 IR 371, 373.
[53] Walton v Mermaid Dry Cleaners Pty Ltd [1996] IRCA 267; (1996) 142 ALR 681, 685.
[54] Crozier v Palazzo Corporation Pty Ltd (2000) 98 IR 137, 151.
[55] Previsic v Australian Quarantine Inspection Services Print Q3730 (AIRC, Holmes C, 6 October 1998).
[57] Crozier v Palazzo Corporation Pty Ltd t/a Noble Park Storage and Transport Print S5897 (AIRCFB, Ross VP, Acton SDP, Cribb C, 11 May 2000), [75].
[58] ALH Group Pty Ltd t/a The Royal Exchange Hotel v Mulhall (2002) 117 IR 357, [51]. See also Smith v Moore Paragon Australia Ltd PR915674 (AIRCFB, Ross VP, Lacy SDP, Simmonds C, 21 March 2002), [92]; Edwards v Justice Giudice [1999] FCA 1836, [6]- [7].
Printed by authority of the Commonwealth Government Printer
Taylah Chislett
iProperty Express Pty Ltd [2025] FWC 3420
(1995) 62 IR 371
(1996) 142 ALR 681
(2000) 98 IR 137
(2002) 117 IR 357