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Despite an employee's previous warning and the seriousness of an incident that occurred under her watch, the Fair Work Commission has found her dismissal was unfair because her conduct wasn't negligent.

"The conduct of the relevant employees must be fairly assessed to determine whether their conduct justifies disciplinary action or not. It appears that [the employer] may not have been approaching these types of incidents that way in recent times," Commissioner Stephen Crawford said.

The full-time educator was sacked by daycare centre Little Zak's Academy (LZS Pty Ltd) on 12 February this year.

On the previous day, a child had escaped from the room where children aged two-to-three were cared for, and she remained in an outdoor play area for about 10 minutes, by herself and unsupervised, until she was discovered by a staff member...