Spotlight shines on FWC engagement following $35k compensation order
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Following a Fair Work Commission case in which an employer was ordered to pay $35,000 in compensation for unfair dismissal, one employment lawyer breaks down how HR leaders can best deal with unfair dismissal claims.
In a recent unfair dismissal case, Birchan Trading As Vic’s Premium Quality Meats was ordered to pay $35,000 in compensation to pick packer, Farhana Siddika, after its poor engagement with the Fair Work Commission.
“The employer here did respond and attend, but its engagement was so poor that the practical outcome was almost indistinguishable from not turning up,” Jessica Tinsley, special counsel at Kingston Reid, told HR Leader.
On 18 July 2025, Siddika was told to take six weeks of annual leave as she had an “excessive leave balance”. After she complained that this was forced on her, her employer ran an “investigation” into the complaint, concluding that it was “false, misleading, and made in bad faith”.
On 15 August 2025, Siddika left the workplace distressed following receipt of these findings, and her employer asserted that this departure constituted a resignation.
“[The employer] rushed to lock in the ‘resignation’ and ignored the employee’s daughter’s email that same evening saying no resignation was intended. That conduct meant the employer terminated the employment, not the employee,” Tinsley said.
Tinsley noted that “bare denial”, like what was done by the employer in this matter, is not a sufficient jurisdictional objection.
“When a claim arrives, engage with it. Properly. From day one,” Tinsley said.
She noted that the employer had no valid reason once the dismissal was established.
“The employer ran no fair process. It gave Ms Siddika no real opportunity to respond, its own manager admitted that prior ‘incidents’ were too minor to warrant even a warning, and the HR manager who conducted the investigation did not give evidence at the hearing. With no one to contradict Ms Siddika’s account, the commission accepted it in full,” Tinsley said.
“Siddika v Birchan is ultimately a case about an employer that overreacted to an employee’s legitimate complaint, conducted a sham investigation, manufactured a resignation, and then failed to properly defend its position before the commission. At every step, it chose the worst available option.”
Tinsley stressed that employers must gather the employment contract, correspondence, investigation materials, and internal communications as soon as they receive an unfair dismissal claim, stressing that witnesses must be prepared for cross-examination, and attendance should it proceed to a hearing.
“The first and most important step is to lodge your Form F3 response within seven calendar days, without exception. Even if you are still gathering information, lodge the response and indicate that further material will follow,” Tinsley said.
Tinsley noted that five weeks after the application is received, the commissioner lists the matter for conciliation: “Employers who refuse to engage with conciliation lose the chance to resolve matters quickly and cheaply.”
“Take legal advice early. Investment in early legal advice can prevent outcomes costing tens of thousands. The maximum compensation cap is 26 weeks’ remuneration, but the reputational damage of a published decision with your business name on it can far exceed any monetary order.
“Employers should be mindful that when an employee raises a concern about how they have been treated, that is not misconduct. It is a workplace right.”
“Responding to a complaint with disciplinary action is a pathway to liability, not just under the unfair dismissal regime but potentially under the general protections provisions of Part 3-1 of the [Fair Work] Act.”
The case citation: Farhana Siddika v Birchan Pty Ltd Trading As Vic’s Premium Quality Meats (U2025/14255)
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Compensation is a term used to describe a monetary payment made to a person in return for their services. Employees get pay in their places of employment. It includes income or earnings, commision, as well as any bonuses or benefits that are connected to the particular employee's employment.
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