Unfair Dismissal: Fair Work Commission Cases & Conduct Warnings
In many unfair dismissal Fair Work Commission cases, the final ruling depends on more than just a single incident. This case began on May 26, 2018, when a manager and an employee disagreed about the office heating. The employee wanted the heater on, but the manager declined because she did not feel cold. The employee then told the manager she only felt warm because of her “natural extra padding.”
Disciplinary Action and the Fair Work Commission Hearing
The employer dismissed the employee following a disciplinary process. Subsequently, the employee applied to the Fair Work Commission for unfair dismissal. During the hearing, the employee admitted to the comment but claimed she tried to apologize an hour later. The manager refuted this claim, describing the interaction as a futile attempt to justify the remark rather than a sincere apology.
The manager testified that the employee called the comment a “statement of fact” regarding body weight and cold resistance. When the Commission asked for further explanation, the employee provided several justifications:
- She wanted to convince the manager to turn on the heater.
- She believed the manager had more “padding” than others in the room.
- She viewed “more body fat” as a scientific reason for not feeling the cold.
- She did not intend the comment to be derogatory or personal.
- She assumed the manager would see the humor in the remark.
The Role of Prior Warnings in Unfair Dismissal Cases
The Commission eventually found the dismissal to be fair. However, the “extra padding” comment was not the only factor in the decision. The employee had already received two prior warnings that year for breaching company policy. Her second warning was a final written warning.
This final warning explicitly stated that any further policy breaches or unacceptable behavior would lead to termination. The Commission noted that these recent disciplinary actions meant the employee clearly understood the company’s expectations.
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Key Takeaways for Managing Workplace Conduct
This story serves as a vital example for those researching unfair dismissal Fair Work Commission cases. It demonstrates how a fair disciplinary process and clear documentation can protect a company’s decision. Because the employer followed proper procedures and issued clear warnings, the Commission upheld the termination as fair.
This case is a good example of a fair process that was followed by a company, leading to a dismissal that met all the required criteria to be considered fair by the Commission.
Decision: https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc38.htm
