FWC awards compensation after finding employer's technical investigation lacked concrete proof
The Fair Work Commission (FWC) recently dealt with an unfair dismissal claim where a worker denied allegations of deleting company data and emails from her employer's computer system.
The worker maintained she did not remotely access any systems on the day in question, arguing that she was at home with her sister after visiting her doctor due to a panic attack. She offered to have her laptop examined to prove her innocence, but the employer declined this offer.
The case raises questions about evidence standards in misconduct allegations, procedural fairness in dismissal processes, and the responsibilities of employers when investigating potential misconduct before terminating employment.
The worker was employed by a real estate agency from November 2023 to September 2024. She initially worked as a business development manager on a commission-only basis before becoming a property manager in February 2024.
As a property manager, she was responsible for managing all aspects of rental properties for various clients. She worked both from the employer's office and remotely from her home in New South Wales.
On 23 July 2024, the worker received a written warning during a staff meeting in front of other employees. The FWC noted the worker "had no notice or prior opportunity to respond to the allegations made, and conclusions reached, in the warning."
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