[2025] FWC 3202
Citation: [2025] FWC 3202
What happened
Ms Fang Zheng, a casual early childhood educator, worked for Guardian Community Early Learning Centres Pty Ltd from November 2022. In May 2025, she informed her centre manager she would be overseas from July 3 to August 29, 2025, and used the Human Force app to request leave. Due to a typhoon, she lost internet access until August 5, 2025. Guardian sent emails requesting she complete a Suitability Declaration, which Ms Zheng claims not to have received. After regaining access, she emailed Guardian explaining the situation and expressing her desire to return to work. Guardian responded stating her employment had ended due to the declaration not being completed.
What was decided
The Fair Work Commission found Ms Zheng was unfairly dismissed. The Commission noted doubt existed regarding whether Ms Zheng received the emails from Guardian. Guardian’s actions in terminating her employment were deemed unreasonable, particularly given Ms Zheng’s explanation for the delay and her expressed desire to return. The Commission ordered Guardian to reinstate Ms Zheng and compensate her for lost income and other damages.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3202.pdfWant more cases like this?
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This summary was drafted by AI 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 →