The paper trail worked, but one absent document puts the company back in court
An employer terminated a worker on her first day back from carer's leave. The court ruled it was lawful. Almost.
On 16 April 2026, the Federal Circuit and Family Court of Australia handed down a decision in Gerges v Australian Security Fencing Pty Ltd that HR professionals across the country should read carefully.
Margret Gerges started full-time employment with Australian Security Fencing Pty Ltd (ASF) on 14 June 2023 as an engineering drafting professional, reporting to general manager Jace Rosier. She completed her six-month probationary period in December 2023.
During the weekend of 20 and 21 January 2024, her eight-year-old daughter was admitted to hospital. Gerges notified Rosier by text and asked for time off. His reply: "Hi Margret, yep all good take the time you need." Despite ASF's leave policy mandating only two days of unpaid carer's leave, Rosier approved her absence for nine business days on compassionate grounds. She remained away from work from 22 January 2024 to 1 February 2024.
On 2 February 2024, her first day back, Rosier called her into a meeting and told her she was being let go.
Gerges alleged she was fired because she had exercised her right to take carer's leave under the Fair Work Act 2009. She sought $50,000 in compensation for hurt, distress and humiliation, compensation for economic loss, and civil penalties.
ASF said the decision to terminate had been made in...
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