Workers should go to court
In its decision, the FWC found that the dismissals were unfair. However, it said it can no longer decide on the merits of the case since the company was already put in liquidation.
“Had the company not been placed into liquidation and the applications had proceeded, [the Commission] would have concluded that the [workers’] dismissal was unfair.”
“Based on the material before the Commission, there is no indication that there was a valid reason for dismissal related to the workers’ capacity or conduct.”
“The [workers] were treated very poorly by the [employer] after many years of service,” it said. However, the Commission said that the workers still have a remaining course…