Fair Work Commission Reinstates $60-an-Hour Diver After Unfair Dismissal Ruling
Updated
Updated · HRD America · Jun 22
Fair Work Commission Reinstates $60-an-Hour Diver After Unfair Dismissal Ruling
1 articles · Updated · HRD America · Jun 22
Summary
Moataz Moubarak won reinstatement to his full-time Sydney commercial diver job, with continuity of service preserved and back pay ordered from his December 17, 2025 termination until his return.
Deputy President Boyce found Headfor Pty Ltd had blurred redundancy with conduct concerns, dismissing Moubarak over both a claimed lack of work and an alleged poor attitude without properly proving the latter.
The ruling said the company gave no valid reason, no clear explanation of the real basis for dismissal, no genuine chance to respond and no warning that his job was at risk.
At $60 an hour, Moubarak will return to the role after the Commission rejected the employer's argument that its small size and lack of HR support excused failures in basic procedural fairness.
The decision underscores that employers must run either a proper redundancy process or a proper performance process, rather than mixing the two and risking reinstatement orders.