Employer said it stopped giving shifts to the worker due to concerns for coworkers' mental health
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who alleged she had been unfairly dismissed.
The worker made an application on 19 May 2025 for a remedy. She commenced employment on 6 July 2022 as a casual cleaner and was dismissed on 13 May 2025.
The employer was a small business employing fewer than 15 employees. The case required the FWC to examine whether the dismissal was consistent with the Small Business Fair Dismissal Code, and whether the employer had reasonable grounds to believe the worker's conduct was sufficiently serious to justify immediate dismissal.
The worker gave evidence that the initial reason for her dismissal was that they did not have enough work, and only at the conference did she learned the reason was due to an incident with a coworker on 10 March 2025.
She stated she was not given a reason for her dismissal, an opportunity to respond, nor a response to her inquiry about whether she did anything wrong.
The worker said her hours dropped around mid-March without reason, and she repeatedly asked for more shifts.
However, she acknowledged a mediation meeting occurred on 12 May 2025, where she responded to a complaint from a coworker regarding the 10 March incident.
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