Log in or become a subscriber

The evidence submitted to back up a misconduct dismissal went no further than "undated letters that made vague references to concerns", which an employer appeared to have accepted "at face value", the Fair Work Commission has ruled.

The employer had no valid reason for the dismissal, and its process was procedurally flawed, Deputy President Tony Slevin found.

The Bright Future Childcare Centre trainee claimed unfair dismissal after her employment ended in September last year. The employer responded with a jurisdictional objection, arguing she wasn't dismissed but rather resigned voluntarily.

The Commission heard the employee signed an 18-month training contract in September 2024.

In 2025 she experienced health problems that prompted her to resign on two separate occasions, but both times the employer convinced her to stay. They then mutually agreed to reduce her full-time hours to 15 per week, beginning in mid-2025...