[2025] FWC 901
What happened
the Applicant was employed by The Trustee For Pausco Trust (Pausco Trust) from January 8, 2024. On July 9, 2024, he was directed to wash trucks, leading to a disciplinary meeting scheduled for July 10, 2024, which he missed due to sick leave. Following a medical clearance in December 2024, he was instructed to return to work on December 19, 2024, and attend the disciplinary meeting. On December 20, 2024, Pausco Trust emailed the Applicant a termination letter, which he didn't see until December 21, 2024. He filed an unfair dismissal application on January 11, 2025.
What was decided
The Fair Work Commission considered whether the Applicant’s unfair dismissal application was lodged within the 21-day timeframe. The Commission found that the Applicant did not have a reasonable opportunity to become aware of his termination on December 20, 2024, due to the email being sent at 7:39 PM on a Friday night, outside of his usual working hours and while he was engaged in other activities. Therefore, the application was deemed to be made within time, and the Commission will proceed to consider the merits of the unfair dismissal claim.
What it means for employers
Employers should be mindful of the timing of important communications, particularly termination notices. Sending such notices outside of regular working hours may not constitute reasonable notice, especially if the employee is not expected to monitor emails at those times. Consider the employee's role and payment structure when determining the appropriate time to send important notifications.
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