Log in or become a subscriber

Despite managing a somewhat "difficult" worker with empathy, an employer unfairly failed to ensure he understood its concerns about his behaviour before sacking him, the Fair Work Commission has ruled.

Cultural and language issues exacerbated the situation that led to the employee's dismissal, Deputy President Tony Slevin said, acknowledging these presented a challenge for the employer's disciplinary processes.

In May 2025, Real Dairy Production's HR manager dismissed the employee. Her termination email noted that production work didn't suit everyone, and that the employer had tried to support him by moving him to different areas of the business, without success.

In unfair dismissal proceedings, the employee said the decision was unexpected, and that he had no opportunity to address any of the employer's concerns...