The worker called it a break — his super form and Facebook post said otherwise

A worker's Facebook post about "the shortest retirement in history" came back to haunt him when his unfair dismissal claim reached the Fair Work Commission.

In a decision handed down on 5 February 2026, Commissioner Thornton dismissed the application brought by Andrew Cooper, a casual disability support worker who argued he had been continuously employed for more than six months — the minimum period required to be protected from unfair dismissal under the Fair Work Act 2009.

The facts told a different story.

Cooper had worked for Community Assist Regional Enterprises, a disability services employer, since August 2022. In mid-2025, he left. What followed was a dispute over the nature of that departure — one that turned almost entirely on documentation, social media, and a superannuation form.

The employer's director, Fiona Mercer, maintained that Cooper had told her he was retiring. Cooper gave six weeks' notice ahead of his last day on 21 June 2025. Mercer organised a farewell party, purchased a Bunnings voucher as a farewell gift, announced his retirement on social media with his consent, and removed him from the organisation's internal systems. Two colleagues gave evidence they attended the retirement event and heard Cooper discuss his plans for life after work.

Cooper saw it differently. He said he had simply taken a break and always intended to come back. His partner, Karen King, described...

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