Unfair Dismissal Compensation Ordered:Keane v Roscon Property Services Trust
- Brian AJ Newman LLB
- Jan 11
- 2 min read
The Fair Work Commission has ordered compensation in an unfair dismissal matter involving Kathryn Keane and The Trustee for Roscon Property Services Trust, reinforcing the Commission’s role in addressing dismissals that are harsh, unjust, or unreasonable.
In a decision handed down on 9 January 2026, Commissioner Yilmaz ordered the employer to pay $9,230.76 in compensation, plus superannuation, following a finding that Ms Keane had been unfairly dismissed under section 394 of the Fair Work Act 2009 (Cth).
The Case at a Glance
Kathryn Keane v The Trustee for Roscon Property Services Trust
Application No: U2025/9325
Decision: [2026] FWC 51
Order: PR795574
Commissioner Yilmaz
Melbourne – 9 January 2026
Ms Keane applied to the Fair Work Commission seeking an unfair dismissal remedy after her employment was terminated. Following the Commission’s earlier findings, the matter proceeded to determination of remedy.
The Commission ultimately concluded that compensation — rather than reinstatement — was the appropriate outcome.
The Unfair Dismissal Framework
Under section 394 of the Fair Work Act, an employee may apply for an unfair dismissal remedy if they believe their dismissal was harsh, unjust, or unreasonable.
Once unfair dismissal is established, section 390 empowers the Commission to order a remedy, with reinstatement being the primary remedy. Where reinstatement is inappropriate, the Commission may award compensation under section 392, subject to statutory caps and considerations.
In this case, Commissioner Yilmaz exercised that discretion and ordered compensation.
The Compensation Order
The formal order issued by the Commission required that:
The employer pay $9,230.76 gross to Ms Keane
Taxation be deducted as required by law
Superannuation be paid in addition
Payment be made within 14 days of the order
The compensation order reflects the Commission’s assessment of what was just and appropriate in all the circumstances, including the nature of the dismissal and the impact on the worker .
Why This Decision Matters
This case is a useful reminder of several important principles in unfair dismissal law:
Workers who are unfairly dismissed are not limited to reinstatement as a remedy
The Fair Work Commission will award compensation where reinstatement is not suitable
Employers remain financially accountable for dismissals that do not meet fairness standards
Remedies are assessed on evidence and statutory criteria, not employer preference
For many workers, compensation provides practical redress where the employment relationship has irretrievably broken down.
Reading the Full Decision
The Fair Work Commission’s order and related decision are publicly available and should be read in full by anyone seeking to understand how remedies are determined in unfair dismissal matters.
Order:
Kathryn Keane v The Trustee for Roscon Property Services Trust (U2025/9325), Order PR795574
The decision can be accessed via the Fair Work Commission website.
Need Help With an Unfair Dismissal?
Every unfair dismissal case turns on its own facts. Time limits are strict, and remedies depend on how a matter is prepared and presented.
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