Melbourne. Reception worker claimed she was dismissed while on maternity leave. Employer said her job remained open. Commission found no dismissal occurred and dismissed her application.
Where: Melbourne
Case name: Chelsea Holyoak v Westgate Cybernetics Pty Ltd [2025] FWC 2390
Date of decision: 15 August 2025
Link to full case: Click here to view decision
Who: Chelsea Holyoak, reception and administration officer at Westgate Cybernetics
What: Alleged she was dismissed during maternity leave, after ATO record showed her employment ending
Outcome: FWC found no dismissal. Her role remains open. Application dismissed
Legal Principle/s:
• A person is only “dismissed” under the Fair Work Act if the employer ends the employment. Being inactive in payroll is not a dismissal.
• If no dismissal occurs, an unfair dismissal claim cannot proceed.
Commentary: This case highlights that difficulties in returning from maternity leave do not automatically amount to dismissal. Employees must prove an employer ended the relationship, not simply administrative changes.