Management didn't reply when worker said he'd be absent
The Fair Work Commission (FWC) recently dealt with a worker’s claim that he was unfairly dismissed for “abandoning his post” even after texting management that he’d miss a shift of work.
On October 15, 2023, the worker, Timothy Orford filed a claim with the FWC, alleging unfair dismissal from his employment with RPMA No. 1 Pty Ltd.
The worker had served as a casual chef for more than 12 months regularly, entitling him to protection. He was dismissed on October 6, 2023, and filed his complaint within the required timeframe.
Background of the case
The worker testified that he worked approximately 25 hours per week, six days a week, as a casual chef at the Royal Hotel from June 2022. He resided in a room provided by the employer.
On October 5, 2023, he notified one of the directors, Mathew Andrews, of his inability to work his shift via text message but received no response. Consequently, he did not attend the shift.
On October 6, 2023, the worker received a text from another director, Robert Parrott, informing him of his dismissal due to "abandoning his post."
Despite the worker's explanation of his absence and attempts to resolve the situation, the employer insisted on his immediate departure from the premises. Eventually, he was allowed to stay for a further four weeks without performing any further work.
Was the dismissal harsh?
Considering the factors, the FWC said the dismissal was deemed harsh, unjust, or unreasonable.
The worker's absence from work on October 5, 2023, did not warrant dismissal, especially considering his attempts to notify the employer.
Additionally, there were no prior warnings or performance issues, and the dismissal process lacked proper communication and notification procedures.
The small scale of the employer's operations and its lack of HR specialist resources were taken into account but did not excuse the poor dismissal process.
Moreover, the dismissal had serious consequences for the worker, as he faced homelessness along with unemployment initially. Thus, the FWC said the worker was unfairly dismissed, and compensation was awarded accordingly.
