Fair Work Commission Dismisses Unfair Dismissal Application for Failure to Follow Directions

The ‘Ugly’ in ‘the Good, the Bad, and the Ugly’ in our FWO v Woolworths Group Limited Podcast from 17 October 2025. An unfair dismissal case has been dismissed for failure to follow directions of the Fair Work Commission (FWC).

The Termination

A worker has been terminated due to an ongoing course of misconduct, including:

• repeated failure to follow the employer’s reasonable and lawful directions;
• behaving in a disruptive manner during meetings; and
• engaging in threatening and inappropriate conduct in breach of the company’s policies.

This conduct created a hostile and unsafe working environment for his colleagues. The employee had also received written warnings for this behaviour in the past. As a result, his employment was terminated for serious misconduct.

The Application

The ex-employee filed an unfair dismissal application with the FWC. On 19 September 2025, on an application from the Respondent, the Commission directed the Application to refrain from contacting the Respondent directly. Further, that all correspondence between the parties should be directed to their representatives and be limited to that which was relevant to the proceedings.

The Applicant was also required to file any evidence and submissions in reply by 7 October 2025, ahead of a 9 October 2025 hearing.

Failure to Follow FWC Directions

Between 30 September and 7 October, the Applicant sent over 205 emails to the Respondent’s representative, 50 of which were sent directly to the Respondent, in contravention of the 19 September Directions.

Many of these emails were nonsensical in nature, consisted of more than 1800 pages, and some contained threats of physical violence. Specifically, on 7 October 2025 the Applicant sent an email to the Respondent’s CEO which included disturbing content referencing “double taps to the head”.

As a result, on 7 October 2025, the Respondent made an application for the FWC to dismiss the proceedings pursuant to section 399A of the Fair Work Act 2009 (Cth). This application was made on the grounds that the Applicant had unreasonably failed to comply with an order of the FWC.

Upon hearing this application to dismiss and noting that the Applicant did not offer any explanation for his conduct, the FWC found in favour of the Respondent and dismissed the unfair dismissal application. The FWC found that the Applicant’s conduct throughout the proceedings was deliberate, vexatious and designed to cause the Employer and staff distress and inconvenience.

Mr Peter Kha v Glenbourne Investments Pty. Ltd. [2025] FWC 3010 (9 October 2025)

This content is general in nature and provides a summary of the issues covered. It is not intended to be, nor should it be relied upon, as legal or professional advice for specific employment situations.