Chapman v Tassal Group Limited T/A Tassal Operations Pty Ltd [2017] FWC 4630: Employee Wins Compensation for Unfair Dismissal Claim
Friday 15 September 2017 @ 10.34 a.m. | Industrial Law | Legal Research
In the recent case of Chapman v Tassal Group Limited T/A Tassal Operations Pty Ltd [2017] FWC 4630 (7 September 2017), Tasmanian salmon producer Tassal Group (Tassal) has been ordered to pay a former employee $8,200 in compensation after the company dismissed her for calling in sick on the afternoon of ANZAC Day in 2017, with the former employee admitting that she had “over indulged” and would not be coming to work the next day.
Background
The phone message which was left by the employer on the afternoon of ANZAC Day, identified herself as one of her employer’s “… most loved pains in the arse …” and also leaving another comment:
Upon returning to work on 27 April 2017, she was issued with a letter alleging misconduct on her behalf which stated said she would be stood down with pay and was required to respond to the allegations the following day.
The Judgment
In the events leading up to the dismissal, it was alleged that the applicant had breached the Respondents Code of Conduct by not being responsible for her actions and accountable for its consequences because, at para [10] of the judgment:
In response to the allegations, the employee said it wasn’t an intentional choice, at para [11] of judgment:
On 1 May 2017, the business made the decision to terminate the employee based on a range of factors, including that her behaviour breached the Company Code of Conduct Policy and she did not show “any contrition” for her actions.
The Unfair Dismissal Claim
Responding to the worker’s claim of unfair dismissal, the employer referred to a previous warning that had been issued to the employee after she left a message on the company’s production phone line on 27 December 2016, explaining she would not be coming into work because she was “f*ckin’ sh*tfaced” after learning that her brother had cancer.
In considering this defence, FWC Deputy President Barclay found that although the two warnings from the employer both involved instances where the employee left messages left while under the influence of alcohol, they could not be considered similar in nature.
The Deputy President said at para [75]:
The ANZAC Day Claim
Barclay found that while there was a valid reason for the employee’s dismissal, terminating her employment was harsh because he found the ANZAC Day incident was the only time in five years where the employee had displayed such behaviour.
He said at para [82]:
The FWC Ruling
The Commission ruled at para [109]:
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Sources:
Chapman v Tassal Group Limited T/A Tassal Operations Pty Ltd [2017] FWC 4630 (7 September 2017)
Worker wins $8000 in compensation after being dismissed for admitting birthday drinks left her unable to work – smartco.com.au