Worker claims 20 years of service should outweigh attendance issues amid personal crisis
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a long-serving warehouse storeman who argued his dismissal was unfair despite persistent attendance problems and failure to follow workplace directions.
The case arose when the worker was dismissed for not meeting the inherent requirements of his role after 20 years of service, following ongoing health issues and family circumstances that led to numerous absences.
The worker argued there was no valid reason for his dismissal because he was medically certified as fit for work and was meeting the inherent requirements of his role at the time of dismissal.
He maintained that his failure to follow directions regarding absences was not relied upon by the company as a reason for dismissal, and that even if valid reasons existed, the dismissal was unfair given his long service and mitigating personal circumstances.
The employer contested the worker's claim, arguing he was not meeting the inherent requirements of his role due to persistent absenteeism and failure to follow lawful directions regarding notification and evidence for absences.
The employment relationship involved a worker employed as a storeman at a major retailer's warehouse for over 20 years, initially with a predecessor company before accepting employment with the current employer in 2021.
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