The Fair Work Commission has held that the termination of an employee was relevantly unfair despite a factual finding that he had made an inappropriate and  racially offensive comment at an employee meeting on the ground that the employer had made its decision before notifying the employee of the reasons for the dismissal and thus denied him an opportunity of responding to the issue.

 

Peter Jones v Exclusive Contracting (WA) Pty Ltd [2026] FWC 253