Casual employee faces immediate termination over supplier networking and competitor contact
The Fair Work Commission (FWC) recently dealt with a casual employee who was unfairly dismissed after being terminated for seeking alternative employment opportunities through industry contacts during her personal time.
The FWc found the employer failed to comply with the Small Business Fair Dismissal Code and had no valid reason for dismissal despite concerns about the worker's conduct.
The worker was dismissed immediately after returning from holidays when the employer discovered email correspondence indicating she had asked a supplier to help her find job opportunities and had arranged to meet with a competitor.
The employer argued this constituted serious misconduct involving the misuse of company resources and supplier relationships for personal gain.
The FWC heard evidence that the employer discovered several emails while the worker was on holiday, including correspondence between a supplier representative and the worker that led to an introduction to a competitor company.
The Commission found the employer accessed the worker's emails during her absence and discovered an email from a supplier introducing her to a competitor as someone potentially seeking a new business development role.
The Commission noted the employer also found a response from the competitor company asking for the worker's curriculum vitae and details about her career...
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