Brisbane. Removalist Renee Darby’s unfair dismissal case was adjourned after she argued it would prejudice her criminal defence to proceed while alleged charges based on the same facts were unresolved.
Where: Brisbane
Case name: Darby v Grace Removals (Australia) Pty Ltd [2025] FWC 2202
Date of decision: 31 July 2025
Link to full case: Click here to view decision
Who: Renee Darby, removalist at Grace Removals
What: Dismissed after incidents that later became subject to alleged criminal charges
Outcome: FWC granted adjournment of unfair dismissal case until after criminal trial
Legal Principle/s:
• The Commission may adjourn unfair dismissal matters where overlapping criminal proceedings could prejudice the applicant’s legal rights
• Justice requires balancing the right to silence with the need for timely proceedings
• A short stay may be justified if there is a real risk of prejudicing the criminal defence
Commentary:
This case shows that even if you have already filed an unfair dismissal claim, the Commission can pause it where a criminal trial about the same facts is still pending.
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