Employee’s dismissal for silence while on overseas trip to area that lost communication was unjust
An employer’s dismissal of a casual educator was ruled unfair after the Fair Work Commission found the employer failed to verify her absence and relied on automated processes instead of reasonable checks. The case highlights the importance of clear communication and reasonable follow-up before termination decisions.
The recent decision in Ms Fang Zheng v Guardian Community Early Learning Centres Pty Ltd [2025] FWC 3202, reinforces the need for employers to take proactive and reasonable steps when attempting to contact employees before making termination decisions based on non-responsiveness. It highlights the risks of relying on assumptions, automated processes, or incomplete information, and serves as a timely reminder that dismissal decisions must be well-founded, clearly communicated and defensible if challenged — even where the employee is a casual.
Ms Zheng commenced casual employment in November 2022 as part of Guardian’s casual educator “pool,” performing shifts at various Guardian Community Early Learning Centres (Guardian) as required. For the year prior to her dismissal, she had been working regularly at the same centre.
In May 2025, Zheng informed her local manager that she would be travelling overseas between 3 July 2025 and 29 August 2025 and was looking forward to returning to work after the trip. She also used Guardian’s “...
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