Fair Work Commission|2025-04-30

The Applicant was therefore dismissed at the initiative of the employer in accordance with s.386(1) of the Act. The matter will be programmed for conference in accordance with of the Act.

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Tyarna Hearne v The Trustee For B J Lily Trust Trading AS Maces Hot Bread And Coffee Shop [2025] FWC 1127 (30 April 2025)

[22] The question of whether the Respondent intended to dismiss the Applicant during the conversation is besides the point. The question is whether a reasonable person would interpret the conversation as meaning that the Applicant had been dismissed. I note Deputy President Anderson made the following comments in Kershaw v Stewarts Welding and Fabrication Pty Ltd [2023] FWC 2619 when determining whether there was a dismissal following an argument between the Applicant and employer:

Tyarna Hearne v The Trustee For B J Lily Trust Trading AS Maces Hot Bread And Coffee Shop [2025] FWC 1127

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Tyarna Hearne v The Trustee For B J Lily Trust Trading AS Maces Hot Bread And Coffee Shop [2025] FWC 1127 (30 April 2025)