Employment and Labor Law

Dismissal for alcohol induced 'sickie' found to be unfair

Ms Avril Chapman commenced employment with Tassal Group Limited (Tassal) in August 2012.

At 4:46 pm on 25 April 2017, Ms Chapman telephoned Tassal and left the following message:

‘Hi Michelle, it’s Avril one of your most loved pains in the arse. Um it’s ANZAC Day, my birthday, and I admit I have over indulged so I’m taking into account one of the golden rules be fit for work and I’m not going to be fit for work so I won’t be there. But um love ya, catch ya on the flip side.’

Tassal proceeded to stand down Ms Chapman and required that she respond to the following allegation of misconduct: You had deliberately made a decision to consume alcohol to the extent that you would not be fit for work on 26 April 2017 when you were required to attend and be in a fit state to carry out your duties safely.

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