FWC calls out Care Park’s silence and email dismissal of an injured officer
An injured parking officer was fired by email after months off work, and the Fair Work Commission has now ruled the dismissal unfair.
In a decision issued on 2 December 2025, the Commission found that Care Park Pty Ltd’s termination of Parking Patrol Officer Robert John Wilson was harsh, unjust and unreasonable, and ordered compensation instead of reinstatement.
Wilson, born in 1955, has worked consistently since leaving school at 15 and moved to Tasmania in 1987. He began working for Care Park in Launceston, Tasmania, in January 2024 on a permanent full-time basis, earning $902.88 a week and covered by the Car Parking Award 2020.
On 15 November 2024, while issuing a parking ticket in the carpark at York Town Square in Launceston, Wilson was hit by a motor vehicle. He notified police, attended hospital and later lodged a workers compensation claim. Certificates of Capacity submitted between 22 November 2024 and 31 January 2025 stated he had no current capacity to perform any work.
Care Park later disputed liability for his weekly compensation and proceeded to a hearing under workers compensation legislation. On 26 February 2025, the Tasmanian Civil & Administrative Tribunal issued an order finding there was a reasonably arguable case for Care Park to dispute liability and that no weekly compensation be paid to Wilson.
After his payments stopped, Wilson said he expected Care Park to contact him to discuss his wellbeing and his employment, but heard nothing. On 6 March 2025, he emailed the company’s General Manager SA/Tas, Catherine Foster, asking for written confirmation of whether he was still an employee and, if not, requesting payment of his 58.28 hours of accrued annual leave. He added that, assuming he no longer worked for the company, he would return all keys and passes.
Foster replied on 7 March 2025. She acknowledged the tribunal outcome and told Wilson that, should he choose to resign, Care Park could arrange payout of unused annual leave upon termination of his employment. She said the company was happy to accept his resignation in writing and arrange collection of his access cards. She did not confirm whether he remained employed. Wilson did not resign, and his leave was not paid out.
According to the Commission, there was then no engagement between the parties until 5 June 2025, when Care Park HR emailed Wilson. The email stated that, given his extended absence and the outcome of his workers compensation claim, Care Park would proceed with termination of his employment, effective immediately. It said there was no foreseeable return to work, noted that unused annual leave would be paid out upon termination, and asked him to return company property so his final pay could be released.
A further email from Care Park HR on 18 June 2025 again requested the return of his uniform, access cards and other equipment so his final pay could be processed. Wilson said he discovered both emails on 23 June 2025 in his junk email folder, the same day the Launceston Magistrates Court dismissed a complaint related to the November 2024 incident. He lodged an unfair dismissal application with the Fair Work Commission on 26 June 2025.
Care Park argued Wilson had abandoned his employment. Deputy President Masson rejected that contention, noting that abandonment is assessed objectively and that, at the time of dismissal, the employer knew Wilson’s workers compensation payments had ceased, that he had asked about his employment status and annual leave, that he had not resigned, and that earlier medical certificates indicated he was unfit for work.
The Commission described Care Park’s lack of follow-up after 7 March 2025 as “troubling and inexcusable” and found the company should have clarified Wilson’s status and sought medical information about his fitness for work. It concluded there was no valid reason for dismissal related to his capacity or conduct, that Wilson was not notified of a valid reason before the decision was made, and that he was given no opportunity to respond before being notified of termination by email.
Finding the dismissal harsh, unjust and unreasonable, the Commission held that reinstatement was inappropriate. It ordered Care Park Pty Ltd to pay Wilson $8,125.92 gross, less tax as required by law, within 14 days of the decision as compensation in lieu of reinstatement.
