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The Fair Work Commission has ruled that a former employee of dnata Airport Services was unfairly dismissed and awarded $36,468.39 in compensation. This decision was disclosed in a regulatory filing.
According to the Fair Work Commission's decision in Sewell v dnata Airport Services Pty Limited, the worker's resignation was deemed a constructive dismissal under section 386(1)(b) of the Fair Work Act 2009. The ruling cited delays and deficiencies in dnata's handling of a sexual harassment complaint and subsequent communication as reasons for the decision. The Commission concluded that the employer's conduct left the worker with no "real choice" but to resign, noting there was no valid reason for dismissal related to capacity or conduct. This outcome provides guidance for employers on navigating investigations and fulfilling welfare duties.
Australian Aviation reported that the compensation award followed the Commission's determination that the worker had been unfairly dismissed due to dnata's handling of a sexual harassment complaint. The case met the test for unfairness under Australian labor law, with both the decision and compensation order published in September 2025 after reviewing the circumstances surrounding the dismissal.
