FWC Finds Dismissal Unfair After Employer Misjudges Job-Hunting Conduct
The ‘Bad’ in ‘the Good, the Bad and the Ugly’ in our FWO v Woolworths Group Limited Podcast from 17 October 2025.
In a recent decision, the Fair Work Commission ruled that Ms Taft was unfairly dismissed by her employer, Go Home Lifestyle Products, after the company alleged serious misconduct over her job-hunting activities.
What Happened?
Ms Taft was dismissed without notice after her employer discovered emails suggesting she had been exploring other job opportunities using her work email and communicating with a competitor while on approved leave. The employer claimed this amounted to serious misconduct and relied on the Small Business Fair Dismissal Code to justify immediate termination.
The Commission’s Findings
Commissioner Matheson found that while the employer genuinely believed Ms Taft’s conduct warranted dismissal, that belief was not based on reasonable grounds. The evidence showed Ms Taft had not misused company time or resources to pursue other employment, nor had she breached confidentiality or harmed the business.
The Commission concluded that:
- The dismissal did not comply with the Small Business Fair Dismissal Code.
- There was no valid reason for dismissal under the Fair Work Act.
- Ms Taft was denied procedural fairness and not given a proper chance to respond.
Why It Matters
This case highlights the importance of employers conducting proper investigations before dismissing staff, especially under the Small Business Fair Dismissal Code.
Employers should tread carefully when interpreting employee conduct and ensure they follow fair procedures. As this decision shows, jumping to conclusions can be costly.
This content is general in nature and provides a summary of the issues covered. It is not intended to be, nor should it be relied upon, as legal or professional advice for specific employment situations.