Melbourne. A Chinese restaurant worker was dismissed after raising an underpayment issue. The Fair Work Commission rejected the employer’s claim of misconduct and awarded him nearly $8,000.
Where: Melbourne
Case name: Wlmm Food Pty Ltd v Jian Zhang [2025] FWC 2243
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Jian Zhang, restaurant worker at Wlmm Food Pty Ltd
What: Dismissed without warning after raising concerns about being underpaid
Outcome: FWC found dismissal unfair and ordered $7,953 compensation
Legal Principle/s:
• A dismissal based on unproven misconduct, especially without any prior warning, is unfair.
• Raising underpayment concerns is not valid misconduct.
Commentary:
This case shows that employers cannot rely on misconduct claims for an employee raising concerns on being underpaid.
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