Gladstone. Neville Johnson’s unfair dismissal appeal was refused after the Commission found his employer reasonably believed he committed serious misconduct while managing Aboriginal housing services.
Where: Gladstone
Case name: Neville Johnson v The Gladstone Aboriginal and Islanders Co-Operative Society Limited [2025] FWCFB 158
Date of decision: 28 July 2025
Link to full case: Click here to view decision
Who: Neville Johnson, Managing Director at an Aboriginal housing organisation
What: Summarily dismissed for alleged serious misconduct including failing to follow board directions and allocating housing to family members
Outcome: Appeal refused. Commission found employer acted consistently with the Small Business Fair Dismissal Code
Legal Principle/s:
• An employer’s belief about serious misconduct must be honestly held and based on reasonable grounds.
• A fair process usually requires giving the employee a chance to respond, but this is not always essential.
Commentary:
This case shows that even without a chance to respond, a dismissal can be lawful if supported by solid evidence and reasonable investigation under the Small Business Fair Dismissal Code.
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