Fired for a Mistake at Work? The Fundraising Email Error
Rebecca Callow was a dump truck operator at a Queensland mine. She decided to organise a work shirt fundraiser to support a colleague who had been diagnosed with cancer. Management had approved the fundraiser in principle but stopped responding when Rebecca asked how to move it forward.
With time running out, she sent an email about the fundraiser to around 850 workers and contractors. She used a list of email addresses given to her by another staff member. But she made a mistake, she used “cc” instead of “bcc”, so everyone’s email address was visible.
The company claimed this was a serious breach of privacy and fired her for serious misconduct.
The Fair Work Commission disagreed.
It found the dismissal was harsh, unjust and unreasonable, for several reasons:
Rebecca had not been clearly told not to send the email.
Her manager ignored two follow-up emails where she asked for guidance.
She had never been trained in the use of email or on privacy policies.
The email list had been given to her—she didn’t hack or steal it.
The company’s own privacy policy wasn’t clearly worded and was never explained to her.
Other staff who had shared more sensitive information were not dismissed.
The company prepared the termination letter before hearing her response, showing the decision had already been made.
The Commission accepted that Rebecca made an honest mistake while trying to help someone else. It also found the company failed to follow a fair process and treated her more harshly than others in similar situations. She was ordered to be reinstated.
So what does this mean for you? Even if your employer calls something “serious misconduct”, they still have to follow a fair process. That includes telling you what you’re accused of, giving you a real chance to respond, and properly considering what you say. If you are experiencing something similar, and a procedurally fair process has not been followed, please reach out to us.
