Log in or become a subscriber

This content requires HR Daily Premium membership. Log in below or sign up here.

Dismissal after traumatic workplace incident upheld as fair

An employee who couldn't return to her role after a traumatic workplace incident has failed to convince the Fair Work Commission her dismissal was unfair.

While considering her circumstances unfortunate, Commissioner Stephen Crawford noted the employee had explicitly said she had no intention of returning to her role, and this provided a valid reason to dismiss her.

The casual employee worked at Dan Murphy's in Ballina from April 2022 until her employment was terminated in November last year.

In unfair dismissal proceedings, the Commission heard she was threatened with a knife during an armed robbery on 18 June.

She worked her next two evening shifts, but told the employer she no longer felt safe and requested day shifts. Shortly after completing one day shift, she was certified unfit for work from 9 July until 6 August, but she didn't return to work when her certificates expired...

Log in or become a subscriber
Subscriber login

Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.

HR Daily Premium membership

Sign up now for all the benefits of HR Daily Premium membership.

Join here to stay informed

HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:

Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more