Log in or become a subscriber

The importance of complying with a direction didn't justify the "obstinate rejection" of an employee's explanations for not doing so, the Fair Work Commission has found in ordering her reinstatement.

The employer's dismissal reasons appeared valid "at first blush", however once it became aware of the employee's circumstances, it was "entirely unreasonable" to maintain its position, Commissioner Benjamin Redford said.

The case involved a casual early childhood educator employed by Guardian Community Early Learning Centres.

In May this year, the employee told the manager of the Mentone West centre – where she had worked almost all of the previous year's shifts – that she would be overseas from 3 July until 29 August.

The day before she left, the employer notified all staff that they would soon be required to complete a 'suitability declaration', in light of a recent high-profile child-safety issue in early education centres...