Log in or become a subscriber

A 64-year-old worker, whose employment was terminated the day after he had a severe fall requiring surgery, has been cleared to claim unfair dismissal despite lodging his application late.

In assessing his request for an extension of time, Commissioner Tim Lee said the key evidence was an SMS the employer sent to both the employee and his wife, also an employee, on 29 November 2024:

"I am writing you to advise that unfortunately we do not have any upcoming shifts. We would like to thank you both for your hard work on the farm. If any shifts become available in the near future, we will be sure to reach out to you both. Thank you again! If you require any further information, please don't hesitate to reach out. Wishing you all the best."

"Sacked by text message?" the employee responded, before explaining his absence...