Worker Sacked for Being Late for Dinner Gets $10K for Unfair Dismissal

A family-run smash repair business has been ordered to pay $10,115 in compensation after it was found by the Fair Work Commission (FWC) to have unfairly dismissed an employee for being late to dinner.

The applicant in the matter, Pasquale Parente, was employed for over two years by the business run by his father, Egidio.  He was late for dinner at his parents’ house on Sunday evening on 10 March 2019.  An argument ensued and he was told to leave and never return to the house or the business.

Unsurprisingly, the FWC found that arriving late for dinner was not a valid reason for dismissal.  Due to the fact the business failed to attend the FWC Hearing, Commissioner McKinnon of the FWC said she was left “in the dark as to any additional contextual matter that should or could have been taken into account” in determining whether the dismissal was unfair.  The Commissioner went on to say:

It is, to my mind, extremely sad that what was once a loving family has allowed relationships to deteriorate to the extent that they have. However, Pasquale has the right to bring his claim and I must deal with it accordingly.

Parente v Selective Smash Repairs Pty Ltd [2019] FWC 7559

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