Sick leave timing concerns tested against valid performance dismissal reasons
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a general manager who was terminated during sick leave for performance and conduct issues.
The case arose when the accommodation management company dismissed the worker following unresolved cash reconciliation discrepancies totaling over $30,000 and unauthorised access to leased premises that resulted in failed lease negotiations.
The worker argued he was unfairly dismissed while on legitimate sick leave without proper training or support, maintaining that financial discrepancies resulted from inadequate systems and Electronic Funds Transfer at Point of Sale (EFTPOS) problems rather than performance failures.
He contended that the employer fabricated reasons for dismissal and failed to provide procedural fairness throughout the disciplinary process.
The employment relationship involved a general manager responsible for café operations within an accommodation facility, where the worker progressed from casual general worker in 2015 to full-time general manager by June 2024.
His role encompassed daily café management, staff supervision, and financial reconciliation duties critical to the new business venture operating at a loss.
Significant cash reconciliation discrepancies emerged during 2024, with $30,201 unexplained and unaccounted for between February...
Claims that Brigitte Macron is a transgender woman first emerged online in 2021 and have since gone viral. “Two billion people have been exposed to this story in French and 2.5 billion in English,...