Case explores how 'manner' and 'reason' are crucial factors in valid dismissal
The Fair Work Commission (FWC) dealt with the case of an Adelaide worker who claimed she was unfairly dismissed for failing to show up for three shifts due to sickness and emotional distress. In its defence, the employer stated that the worker was dismissed as there was no more work for her because the event season was already ending. The employer also argued that the Adelaide worker’s contract stated that no notice was needed to terminate her employment. Following the company’s defence, could the Adelaide worker’s job being out of season, be a well-founded reason for dismissal?
Reports showed that Kate Clift had worked in production for Tony’s Wholesale Flowers for two years. Based on the text messages released by the FWC, Clift sent a message to her manager, Tristan Smith, on 27 April to give notice ahead of her shift that she was unable to attend her rostered shifts because she felt sick, assuring the manager that she would update her the next day of her state.
Smith acknowledged Clift’s notice and replied, “Thanks,” but a day after, Clift updated her manager that she still felt sick.
“Tristan, I’m actually still sick this morning,” Clift said in the text message. “I felt really lethargic getting dressed and I don’t think it’s a good idea for me to start driving.”
On 29 April, Smith asked Clift if she could attend work to make up for the missed shifts, to which Clift responded, “in 2 weeks, I can make up for those days!”
The FWC noted that Clift only replied to the manager’s message after several hours due to “anxiety stemming from a home invasion she had experienced at that time.”
When her shift on 3 May came, Clift again said she still felt sick and could not work. Smith replied, “Hi Kate, I have taken you off the roster for the rest of the week so you can focus on your recovery.”
However, the following day, Smith emailed Clift and two other workers that their employment in Tony’s Flowers had already ended as “the event season is now coming to an end.”
Although Tony’s Flowers may have had an objectively justifiable reason for the employment termination, the commission stated that “it was not related to Ms. Clift’s capacity or conduct.” Thus, there was no valid reason for the dismissal.
FWC also said that the manner of dismissal, by a general email absent any prior discussion, was unreasonable and inappropriate. Hence, the commission has ordered Tony’s Flowers to pay Clift a total of $2,890 plus superannuation contributions in compensation.
