The Commission found the worker's own actions undermined her dismissal claim
Removing an employee from a WhatsApp group and changing their system password is not a dismissal, the Fair Work Commission has ruled.
In a decision handed down on 20 March 2026, Deputy President Masson dismissed an unfair dismissal application by Elizabeth Reardon against her employer, Olga De Polga Pty Ltd, finding that no dismissal had occurred and that, even if one had, no extension of time to file would have been granted.
Reardon, who had been employed since 9 July 2024, attempted to access her work email on 14 November 2025 while on medical leave, only to find she had been locked out of the company's systems and removed from its staff WhatsApp group. She took those events as her dismissal.
Her employment status was itself contested. Reardon said she was a full-time Marketing Manager without a written contract. Director Olga Stone said she was a casual Marketing Assistant earning $45 per hour. The Commission accepted the casual characterisation, citing fluctuating hours and no paid leave. A formal annual leave application had also been rejected.
Reardon had obtained a medical certificate on 5 November 2025 certifying her unfit for work from 6 to 13 November 2025 due to "Acute stress reaction and emotional distress secondary to workplace bullying and harassment, likely related to age discrimination." She nonetheless performed work on 7 and 8 November 2025 and did not provide the certificate to...
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