[2025] FWC 1811
Citation: [2025] FWC 1811
What happened
the Applicant was employed by Wilmar Sugar Pty Ltd as a Pan Boiler at the Plane Creek Mill since May/June 2019. On September 10, 2024, after being informed of allegations she was sleeping on the job, the Applicant experienced a breakdown and left work, sending a text message to her supervisor stating she was leaving for the night. She did not formally clock off. Prior to this, she received a written warning in November 2023 regarding alleged sleeping on the job and neglect of duties. The supervisor subsequently sent a text message to another employee detailing the situation and the Applicant’s intentions. The Applicant was dismissed on September 14, 2024, for unsatisfactory work performance, failure to follow procedures, and wilful neglect.
What was decided
The Fair Work Commission found that the Applicant's dismissal was not harsh. While acknowledging her distress and the circumstances surrounding her departure, the Commission determined that her actions, particularly leaving without formally clocking off and the supervisor’s subsequent actions, did not constitute a valid reason for dismissal. The Commission stated that the supervisor’s actions were not reasonable and that the dismissal was unfair.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections