Customers complained they couldn't access the shop and went to competitors instead
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a part-time logistics manager who argued he was summarily dismissed after leaving work early on three occasions on Sundays.
The worker had been employed for nearly two years when he was dismissed in May 2025 following customer complaints that the store had been closed early.
The employer, a small business operating a saddlery and fodder store with a post office, contended the dismissal complied with the Small Business Fair Dismissal Code.
The worker did not dispute that he left early on three occasions when he was the only employee at the store, but said the incidents were isolated.
He explained that two occasions were due to illness caused by forklift fumes, and one was to take his daughter on a train ride because she was going through a difficult time.
The employer argued that the worker left early without notification and received payment for hours not worked, which had the potential to impact the reputation of the store and lose customers.
The worker had been employed by the employer since 8 August 2023.
At the time of the dismissal, the worker was employed part-time as a logistics manager, working Tuesday 9:00 am to 5:30 pm, Thursday 9:00 am to 5:30 pm, Friday 9:00 am to 5:30 pm, and Sunday 10:00 am to 3:00 pm.
On weekdays, the worker spent time out of the...
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