He kept flagging an impossible caseload. His employer built a sacking case instead
A Tasmanian care provider treated performance problems as misconduct to justify a dismissal. On August 31, 2026, the Fair Work Commission ordered the worker back to his job.
Community Based Support Limited, a not-for-profit delivering aged care and disability support in Tasmania, sacked one of its care coordinators in March after assembling 27 concerns about how he managed clients. The Commission found most of those concerns described ordinary performance shortfalls, not misconduct - and that the employer had brushed past the issue the worker himself kept raising: an unmanageable caseload.
The coordinator had worked there more than five years with little trouble. He was also a Health Services Union delegate and a bargaining representative in talks over a new enterprise agreement.
His warnings about workload were in writing and came early. In a December 2025 email to his manager, he said “the overall workload has become increasingly challenging to manage” and that his client numbers were pushing past the level where, as he understood it, a second coordinator should be brought in. “I hope this isn’t seen as a complaint,” he wrote. “I’m just concerned that the high workload is getting in the way of providing quality care to our clients.”
The Commission found the employer’s response to those concerns thin. An executive manager accepted under questioning that he did not regard the workload...
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