Risks in Remote Employment Practices
Unfair Dismissal Case Highlights Risks in Remote Employment Practices
The ‘Good’ in the ‘Good, the Bad and the Ugly’ from our podcast on Probationary Periods from 4 July 2025.
A recent Fair Work Commission ruling has shed light on the importance of fair dismissal procedures, particularly in remote work arrangements. The case involved a legal assistant based in the Philippines who worked remotely for a Queensland credit reporting repair law firm. After 18 months of employment and earning $720 per week, she was abruptly dismissed during a Skype call in March 2024.
The dismissal stemmed from a disagreement over an email the assistant sent, which allegedly did not follow instructions. The firm’s principal terminated her mid-conversation with the words, “Yeah, you’re fired.”
Deputy President Slevin of the Commission found the dismissal to be harsh, unjust, and unreasonable, citing several procedural failings:
- No valid performance-related reason for termination
- Lack of formal warning or opportunity to respond
- Procedural unfairness, including unauthorised remote access to her computer and threats involving law enforcement
While reinstatement was ruled out due to a breakdown in the working relationship, the assistant was awarded $10,800 in compensation, equivalent to 15 weeks’ pay.
Key Takeaway:
This case underscores the critical need for employers to follow fair and transparent procedures when managing performance and dismissals, especially in remote work settings. Clear communication, documented warnings, and opportunities for employees to respond are essential to ensure lawful and ethical employment practices.