Real grounds to dismiss, but no warning and no chance to respond - and it cost the business

Having a fair reason to sack someone is not enough. You also have to do it properly. That is the lesson from a Fair Work Commission decision handed down in Perth on September 2, 2026.

Nitschke Industries, a small freight business trading as Lake Grace Transport in Western Australia's Wheatbelt, dismissed its freight depot manager on December 31, 2025. It was a summary dismissal - she was let go on the spot, without notice. The worker, hired in December 2024, brought an unfair dismissal claim.

The company put forward several reasons: late-notice absences, personal use of a company fuel card, alleged drug use, and rude behaviour toward staff and customers. Commissioner Lim worked through them one by one.

Most fell away. The worker's December absences were linked to a domestic violence situation the Commissioner found credible. On the drug claims, she accepted the worker never came to work under the influence, noting the worker was being drug-tested by the Family Court at the time. A statement from the company's bookkeeper about a customer comment was given no weight because the bookkeeper did not attend to give evidence.

Two reasons held up. The worker had left an abusive voicemail - about a minute long - for a staffer at another company, and the Commissioner described the language as unacceptable even by blue-collar standards. She had also used the company fuel card six times across...

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