Worker stated he was going through personal issues when confronted about behaviour toward customers
The Fair Work Commission (FWC) recently dealt with an unfair dismissal application from a worker who was employed full-time as an engineer from 26 September 2024 until 12 June 2025.
From all accounts, the worker was a diligent and competent employee. Issues arose towards the end of the worker's employment, and both parties bore some blame for the issues that arose.
The worker ultimately submitted notice of his resignation on 7 June 2025 and identified an end date of 13 June 2025. The trajectory of things changed after the worker sent an email to an accounts manager on 10 June 2025.
The email requested that outstanding superannuation payments be made today and stated: "Any delay will cause serious problems."
The accounts manager and general manager took this statement as a threat, and the general manager summarily dismissed the worker for serious misconduct on 12 June 2025.
The case required the FWC to examine whether there was a valid reason for dismissal, whether the worker was given procedural fairness, and if necessary, what remedy should be ordered.
The critical events were captured in documentary evidence. At 2:45pm on 4 April 2025, the general manager sent the worker and a director an email explaining why the worker was required to clock on and off every day.
The general manager disputed that the worker did not have to clock on and...
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