Canberra. Employer wrongly dismissed its co-founder and engineer, failing to consult or explore other roles. The Fair Work Commission ruled it was not a genuine redundancy.
Where: Canberra
Case name: Giblett v Powerstack Australia Pty Ltd [2025] FWC 2208
Date of decision: 30 July 2025
Link to full case: Click here to view decision
Who: Nathan Giblett, co-founder and engineer at Powerstack Australia
What: Dismissed as part of a restructure despite ongoing Research and Development work and no consultation
Outcome: FWC found dismissal unfair and awarded compensation
Legal Principle/s:
• A dismissal is not a genuine redundancy if the employer fails to consult under an applicable award
• Employers must consider redeployment before terminating
• Procedural fairness, including proper notification and opportunity to respond, is essential
Commentary:
This case shows that even when cost-cutting is genuine, employers must follow the correct consultation process. Long-serving founders are still entitled to protection under employment laws.
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