How a worker's own follow-up emails dismantled her case for unfair treatment
A probationary worker was told her job was over, then offered it back. When she later walked away, she filed a dismissal claim. The Commission said no.
The Fair Work Commission has dismissed a general protections application from a customer service officer who argued she was sacked during her probation, finding instead that her employer effectively reversed the dismissal and that she later changed her mind about returning to work.
In a decision handed down on 11 May 2026, Deputy President Wright considered the case of a single parent with full care responsibilities who had started with a not-for-profit community services organisation on 28 July 2025 in a Customer Service Officer role involving scheduling, call-taking and customer support. Her performance review letter referred to a six-month probationary period.
The worker alleged her dismissal followed a very short performance review period, a lack of procedural fairness, contradictory feedback from senior leadership, and discriminatory treatment relating to her parental responsibilities. These allegations were not determined by the Commission, which considered only whether a dismissal had occurred.
On 29 October 2025, the worker received a performance review letter from her manager following a meeting on 21 October 2025 where concerns were raised about customer interaction, service scheduling and communication style. The letter warned that...
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