Can 20 Years of Loyalty Save Your Job?
A warehouse employee with more than two decades of service was dismissed after a string of absences linked to serious personal hardship. Despite a heartfelt plea for a second chance, the Fair Work Commission found the dismissal was lawful and not unfair.
The employee had spent over 20 years in the same warehouse, initially under a different employer, before his service was recognised by a large national retailer. In 2022, his attendance began to decline due to two major life events. His adult son developed a serious addiction and required ongoing support and transport to a rehabilitation program. Around the same time, the worker himself developed interstitial lung disease and later contracted pneumonia. Complications from prescribed medication further affected his ability to work and keep on top of documentation.
As his paid personal leave ran out, he began taking unpaid days. At times he failed to notify his employer or provide the necessary evidence for his absences, even after receiving written directions to do so. In February 2025, he was issued a formal warning that any further failures could result in dismissal.
When further undocumented absences occurred in March and April, he was asked to show cause why his employment should not be terminated. In reply, he acknowledged the impact of his actions, said his health had stabilised with new medication, and expressed a genuine desire to rebuild trust. But he was dismissed soon after.
The Fair Work Commission accepted the employer had valid grounds. Although a doctor had certified him fit for work, the issue wasn’t medical incapacity. It was continued failure to comply with basic expectations—turning up to work and giving notice when unable to do so. The Commission found the directions were reasonable and that the worker had been warned clearly. Even after being given multiple chances, his non-compliance continued.
Importantly, the Commission acknowledged his personal struggles, long service, and lack of malice. But it held that in a full-time role, consistent attendance is an essential requirement. The dismissal was not disproportionate.
Key takeaways:
Even if you are facing serious personal hardship, you still need to follow your employer’s policies, especially when it comes to notifying absences.
Long service and medical recovery may not be enough to prevent dismissal if you don’t follow clear directions after a final warning.
If your medication or health issues are making it difficult to meet basic requirements, speak to your employer early. Seek part-time adjustments or support services if needed.
Don’t assume oral notifications or informal chats are enough, keep records and submit documentation as required.
