[2026] FWC 298
Citation: [2026] FWC 298
At a glance
- Employees affected
- 1
- Awards cited
- MA000100
What happened
The Applicant was employed by Tru Ninja Pty Ltd as a part-time Supervisor and Administrator from June 2024 to October 2025. She was dismissed for serious misconduct related to her handling of bereavement leave following the death of her grandmother and subsequent communication with the employer. Her partner contacted the employer on her behalf, and the company felt the communication was aggressive. The Applicant sought compassionate leave and was repeatedly asked for documentation, which was difficult to provide immediately. The company alleged further misconduct including providing contact details to a third party and refusing to respond to communications. The Applicant was later dismissed and sought an unfair dismissal remedy.
What was decided
The Fair Work Commission found the Applicant’s dismissal was unfair. The Deputy President determined the company did not have a valid reason for the dismissal, particularly concerning the requests for documentation during a time of grieving. While the company felt the communication from her partner was aggressive, the Deputy President did not find the phone call was aggressive. Reinstatement was deemed inappropriate, and compensation was awarded in lieu of reinstatement. The Commission considered the requirements of the Fair Work Act 2009 and the factors outlined in section 387.
What it means for employers
Employers should exercise empathy and understanding when dealing with employees experiencing personal crises, especially when documentary evidence is difficult to provide immediately. Repeatedly requesting documentation during a grieving period can be seen as unreasonable. Clear communication and a more compassionate approach can help avoid unfair dismissal claims. Employers should also be cautious about interpreting communication styles and consider the context when assessing employee conduct.
What it means for employees
Employees facing difficult circumstances, such as bereavement, are entitled to compassionate leave. While employers can request supporting documentation, the timing and manner of these requests should be reasonable and sensitive to the employee's situation. Employees should document all communication with their employer regarding leave requests.
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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 →