Melbourne. A long-serving warehouse worker who missed work due to personal and health issues lost his unfair dismissal case after repeatedly failing to comply with absence and sick rules.
Where: Melbourne
Case name: Clark v Woolworths Group Limited [2025] FWC 2226
Date of decision: 30 July 2025
Link to full case: Click here to view decision
Who: Anthony Clark, warehouse storeman at a Woolworths distribution centre
What: Dismissed for repeated failure to notify and provide evidence for absences, despite final warning
Outcome: FWC found dismissal valid and fair due to ongoing breaches and no sustained improvement
Legal Principle/s:
- Failing to comply with lawful and reasonable directions, especially after a final warning, can justify dismissal.
- Even long-serving employees must consistently meet core job requirements such as reliable attendance.
- Employers are not required to give unlimited chances when prior tolerance has not led to change.
Commentary:
This case highlights that long service and difficult personal circumstances won’t outweigh ongoing failure to follow clear workplace rules. Repeated non-compliance, even without bad intent, may still justify dismissal.
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