Workers' Rights Upheld: FWC Rules on Post-Termination Dispute Resolution

Employment Dispute Continues After Job Loss

The Fair Work Commission (FWC) recently addressed a critical question: Can workers pursue workplace disputes after their employment has ended? This case involved two female workers who disagreed with their employer over their employment classification and entitlement to redundancy payments.

The Core of the Dispute

The workers believed they were continuing employees entitled to redundancy payments, while the employer argued they were fixed-term employees whose contracts had simply expired. The union initiated dispute proceedings in December 2024, but the workers' employment ended before resolution. They then filed their own applications with the FWC in March 2025.

Jurisdictional Challenge

The employer contended that only the union could pursue the matter, as it had initiated the dispute. However, the FWC ruled that once jurisdiction is established, it continues until the dispute is resolved, regardless of employment status changes.

Key Takeaways

• Workers can pursue disputes post-termination if the dispute was initiated while they were still employed.
• Unions and workers are treated as the same party for dispute resolution purposes.
• Dispute procedures should be interpreted practically, not technically, to avoid creating additional barriers.

What’s Next?

The matter will proceed to substantive arbitration to determine if the workers are entitled to redundancy payments. This ruling sets a precedent for similar cases, ensuring workers are not disadvantaged by procedural delays or employment termination.