Brisbane. The Fair Work Commission amended its reinstatement order for a sugar mill worker to remove deductions for Centrelink or other income, increasing her backpay after an unfair dismissal.
Where: Brisbane
Case name: Kylie Wykes v Wilmar Sugar Pty Ltd [2025] FWC 1811
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Kylie Wykes, sugar mill worker
What: Dismissed by Wilmar Sugar, later reinstated by the Commission
Outcome: Reinstated with continuity of service and full backpay, without deductions for other income
Legal Principle/s:
- Reinstatement orders may be adjusted to ensure fairness, including full recovery of lost wages regardless of other income received during the dismissal period.
Commentary:
This case highlights that the Commission can increase compensation after reinstatement back into a role after unfair dismissal if it finds deductions are unfair, especially when both parties consent to the change.
Leave a Reply