Sydney. The Fair Work Commission ruled that a hospitality worker was dismissed after his employer sent an email suggesting he find a new job due to health concerns and asked for uniform return.
Where: Sydney
Case name: Mr Roy Rudolfo Tarantein v HPI Hotels Pty Ltd [2025] FWC 2142
Date of decision: 25 July 2025
Link to full case: Click here to view decision
Who: Roy Tarantein, casual night auditor at Kirketon Hotel
What: Dismissed after informing employer of tuberculosis diagnosis and requesting sick leave
Outcome: FWC found he was dismissed and allowed the application to proceed
Legal Principle/s:
• A person is considered dismissed if the employer’s communication ends the employment relationship, regardless of stated intent
• Illness is not automatically a valid reason for dismissal unless the worker can’t perform the inherent requirements of the role
• Dismissals based on illness must follow a fair process including consultation and consideration of adjustments
Commentary:
This case shows that even without saying “you are fired,” an employer’s message can still amount to a dismissal if it signals the end of the job. Employers must handle medical absences fairly. In this case, the employee is now able to continue arguing his unfair dismissal case which will be heard by the Commission at a later time.
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