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Attendance issues justified dismissal, but lack of notice was unfair
An employee has won compensation for unfair dismissal, after the Fair Work Commission found he was warned about failing to provide notice of his absences, but not more broadly about his attendance issues.
Accepting the employee's regular absences were a valid reason to dismiss him, Commissioner Scott Connolly found the employer hadn't "properly" notified him of this reason.
Industrial equipment supplier All Lifting & Safety sacked the employee in October last year due to his failure to attend work on a regular basis.
In unfair dismissal proceedings, the employer contended the employee had taken more than 150 days off since he began working for it in 2022 and that, despite giving him adequate warning that he needed to improve his attendance and performance, he failed to do so...
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