Typhoon in remote China caused worker to lose internet and email access
A casual early childhood educator challenged her dismissal arguing she was overseas in remote China affected by typhoon without email access when employer sent compliance survey and termination warnings.
The worker contended she had informed her centre manager about her overseas trip, marked herself unavailable in system, and immediately offered to complete suitability declaration upon regaining email access but employer refused.
The employer maintained the worker failed to complete critical child-safety declaration despite multiple email requests and warnings.
The worker commenced working for the employer as an early childhood educator on 28 November 2022 on a casual basis as a member of a pool deployed based on operational needs.
For the entire year preceding the end of her employment, she had always worked at the same centre at Mentone West save for two shifts at other centres. In May 2025, she told the centre manager she would be away from 3 July 2025 to 29 August 2025 for an overseas trip.
She also used the employer's app to apply for leave. The worker thought she had done the right thing, having communicated her plans to the person to whom she had been reporting on a day-to-day basis for the past year. Evidence showed her status in the platform during the period was marked as "unavailable".
Just prior to the worker's departure on 2 July 2025, the employer sent an...
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