The worker called it a break — his super form and Facebook post said otherwise
A worker's Facebook post about "the shortest retirement in history" came back to haunt him when his unfair dismissal claim reached the Fair Work Commission.
In a decision handed down on 5 February 2026, Commissioner Thornton dismissed the application brought by Andrew Cooper, a casual disability support worker who argued he had been continuously employed for more than six months — the minimum period required to be protected from unfair dismissal under the Fair Work Act 2009.
The facts told a different story.
Cooper had worked for Community Assist Regional Enterprises, a disability services employer, since August 2022. In mid-2025, he left. What followed was a dispute over the nature of that departure — one that turned almost entirely on documentation, social media, and a superannuation form.
The employer's director, Fiona Mercer, maintained that Cooper had told her he was retiring. Cooper gave six weeks' notice ahead of his last day on 21 June 2025. Mercer organised a farewell party, purchased a Bunnings voucher as a farewell gift, announced his retirement on social media with his consent, and removed him from the organisation's internal systems. Two colleagues gave evidence they attended the retirement event and heard Cooper discuss his plans for life after work.
Cooper saw it differently. He said he had simply taken a break and always intended to come back. His partner, Karen King, described the workplace event as "a social gathering to celebrate his contributions and pending break."
But the paper trail did not support that version. An email Mercer sent to a client on 27 May 2025 referred to Cooper retiring "towards the end of June." An email from MYOB confirmed he was terminated from the payroll system as of 22 June 2025. And in a superannuation release application, Cooper himself ticked a box declaring he had ceased employment with any employer since turning 60, listing 21 June 2025 as his last day.
Then there was the Facebook post. On 18 August 2025, shortly after returning to work under a new contract, Cooper wrote: "oh yeah, shortest retirement in history, I have the best job with C.A.R.E Disability." When pressed about this at the hearing, Cooper explained he was speaking to an audience that believed he had retired. The Commissioner was unconvinced, finding the post consistent with someone who had in fact retired and was now announcing a return.
During cross-examination, Cooper conceded he had "ceased employment" and agreed that when he returned in August 2025, he had "restarted." That admission proved telling.
Commissioner Thornton found that Cooper resigned effective 21 June 2025, and that his second period of employment — running from 4 August to 26 September 2025, roughly seven weeks — fell well short of the six-month threshold. The application, filed on 8 October 2025, was dismissed.
For HR teams, the takeaway is worth noting. Mercer's instinct to document, offboard properly, and issue a fresh contract upon re-engagement made the difference. Every email, every payroll entry, every text message formed part of a paper trail that held up under scrutiny.
It is a useful reminder that the way a departure is handled in the moment often matters more than what anyone says about it later.
