Alec Filippis v Kiriwake Pty Ltd [2026] FWC 3095

1 Fair Work Act 2009 s.394—Unfair dismissal Alec Filippis v Kiriwake Pty Ltd (U2026/8085) DEPUTY PRESIDENT COLMAN MELBOURNE, 14 AUGUST 2026 Unfair dismissal application – application dismissed [1] On 25 April 2026, Alec Filippis lodged an application for an unfair dismissal remedy under s 394 of the Fair Work Act 2009 (Act). The application stated that Mr Filippis was dismissed on 1 February 2026, and that he was notified of the dismissal on 15 April 2026. [2] The respondent objected to the application on the ground that Mr Filippis had not been dismissed. The respondent produced a letter that it sent to Mr Filippis on 7 May 2026 stating that it was considering terminating his employment on the ground that he was unable to perform the inherent requirements of his job, but that first it wanted to provide him with an opportunity to respond. The covering email which sent this letter to Mr Filippis offered him two weeks’ pay in exchange for an agreed separation from his employment. Mr Filippis replied to the company on 8 May 2026, stating that he would respond the following week. The respondent said that these documents from May 2026 proved that Mr Filippis was still employed in April 2026. [3] At the determinative conference, Mr Filippis said that on 15 April 2026, Rogan Jennings told him that he did not have a job anymore and that he was dismissed. Mr Jennings denied this and said that he told Mr Filippis that before he could return to work, he had to be fit for work and prove that this was the case. I prefer and accept the account of Mr Jennings because it is consistent with the documentary evidence. It is clear from the correspondence between the parties that at the time Mr Filippis made his application, he had not been dismissed. The dismissal asserted by Mr Filippis in his application did not occur. At the time he lodged his application, he remained an employee of the respondent. Mr Filippis therefore had no standing to make an application under s 394(1). Such an application can only be made by ‘a person who has been dismissed’. Mr Filippis was not such a person. For these reasons, I dismissed the application ex tempore earlier this afternoon. DEPUTY PRESIDENT [2026] FWC 3095 DECISION -- 1 of 2 -- [2026] FWC 3095 2 Appearances: A. Filippis for himself R. Jennings for Kiriwake Pty Ltd Determinative conference details: 2026 Melbourne (by telephone) 14 August Printed by authority of the Commonwealth Government Printer <PR813275> -- 2 of 2 --