Worker’s social activities after relative's death triggers misconduct allegations
The Fair Work Commission (FWC) recently dealt with a worker who was dismissed for allegedly misusing personal leave following a family bereavement.
The case arose when the worker took personal leave after learning of his aunt's death, but was later seen at a restaurant that evening, leading to allegations of dishonesty and misconduct.
The worker argued he legitimately took personal leave because he was too distressed by grief to work safely in his safety-critical role.
He maintained that his evening restaurant attendance was unplanned and occurred only after his partner persuaded him to join her to take his mind off the bereavement, emphasising that he had no prior intention to socialise when he requested leave.
The employment relationship involved a stevedore working safety-critical operations at a major port facility, where the worker had been employed for almost four years with a generally satisfactory employment record.
On Australia Day 2025, the worker was rostered for an afternoon shift but received early morning notification that his stepfather's sister had passed away unexpectedly three days earlier.
The worker immediately travelled to his stepfather's home to provide support, spending several hours with his grieving relative, who was described as a significant person in his life.
The worker maintained regular contact with his aunt...
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