Fired Over a Messy Desk? Fair Work Steps In
Andrew Murphy taught at Xavier College for more than two decades. But in 2024, he was dismissed after a series of performance concerns—some serious, others trivial. These included allegations about grading, workplace communication, and even a request to tidy his desk.
Murphy challenged the dismissal in the Fair Work Commission. He argued he’d been denied a fair process and wasn’t given a real chance to respond before the decision was made. The Commission agreed. While it accepted that the school had some valid concerns, it found the way the dismissal was handled was deeply flawed.
There were inconsistencies. It wasn’t clear whether Murphy was being performance-managed or disciplined. The school failed to provide proper warnings or clearly outline expectations. And minor complaints—like an untidy desk—were treated as if they justified termination.
The Commission found the dismissal was harsh and unjust, particularly given Murphy’s long service and the lack of procedural fairness. Reinstatement wasn’t ordered, but he was awarded $14,121 in compensation.
Key takeaways for employees
Process matters. Even with a valid reason, an employer must follow fair procedures—this may includes proper warnings for performance related concerns, evidence, and a chance to respond.
Trivial complaints don’t justify dismissal. Fair Work won’t support a termination based on vague or petty issues, particularly without enough substantial evidence.
Long service carries weight. After 22 years, Murphy’s dismissal was judged more harshly because the process didn’t reflect the seriousness of the outcome.
You have rights. If you’re dismissed without a fair go, you may be entitled to compensation—even if your employer insists the decision was justified.
The Fair Work Commission doesn’t just look at what happened—it looks at how it happened. And if your employer cuts corners, that can be enough to win your case.
