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It was unfair to sack an employee who didn't immediately provide evidence to support her bereavement leave request, the Fair Work Commission has ruled, in chastising an employer for its unreasonable response to a traumatic situation.

Particularly once the employer became aware of the employee's distress, it should have "stepped back and given [her] the time that she needed to grieve", Deputy President Tony Slevin said.

Entertainment venue Tru Ninja sacked the supervisor in October last year for serious misconduct. She subsequently claimed unfair dismissal, seeking four weeks' pay as compensation.

The Commission heard that on 19 September, the employee's grandmother passed away unexpectedly. The employee texted the employer's operations manager stating she would be unable to work that day and the next, and would give her an update in a few days...