Melbourne. A Serco security guard who claimed he was unfairly sacked has had his case dismissed by the Fair Work Commission for having no reasonable prospect of success.
Where: Melbourne
Case name: Mr Basanta Shrestha v Serco Australia Pty Limited [2025] FWC 2158
Date of decision: 24 July 2025
Link to full case: Click here to view decision
Who: Basanta Shrestha, security officer at Serco
What: Lodged an unfair dismissal claim
Outcome: FWC dismissed the claim under section 399A, finding it had no reasonable chance of success
Legal Principle/s:
• The Commission can dismiss an unfair dismissal claim if it finds it has no reasonable prospect of success under section 399A of the Fair Work Act.
Commentary:
This case shows that even if a dismissal feels unfair, the Commission will not let the matter proceed unless there’s a genuine chance of success.
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