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It’s a situation many managers will recognise. An employee calls in sick, the team is already stretched, work needs to get done, and frustration starts to creep in.
But what happens when that frustration turns into a threat to dock their pay, cut their shifts or sack them?
While these reactions can happen in the heat of the moment, it’s worth understanding your obligations as an employer before deciding how to respond.
A recent pursuit by the Fair Work Ombudsman (FWO) is catching attention after allegations a Victorian carpenter threatened to sack an apprentice who called in sick.
According to the FWO, the apprentice allegedly sent a message on snapchat explaining he was unwell and unable to attend work. The Ombudsman claims the response from the employer included threats of termination for taking the day off sick, despite the employee allegedly providing notice of his absence. The matter has now escalated to Federal Court proceedings, with additional allegations relating to non-compliant pay slips and a failure to comply with a Fair Work Compliance Notice.
You can read the full Fair Work media release here.
The case is a timely reminder for employers to tread carefully when employees access personal or sick leave entitlements.
Under the Fair Work Act 2009, eligible employees have a workplace right to access paid personal/carer’s leave when they are sick or injured. Employers cannot take “adverse action” against an employee for exercising that right. Adverse action can include threats, disciplinary action, reducing shifts, or dismissal.
While employers are still entitled to manage attendance concerns, performance issues, or suspected misuse of leave, decisions should never be made simply because an employee accessed a lawful entitlement.
The matter also highlights another common risk area for businesses — failing to respond appropriately to Fair Work Compliance Notices. Ignoring or delaying action after receiving one can significantly increase penalties and legal exposure.
For employers, the key takeaway is simple:
- Ensure managers understand employee leave entitlements
- Address issues objectively when they arise
- Avoid emotional or reactive responses to absenteeism
- Keep accurate payroll and pay slip records
- Seek advice early if workplace concerns arise
The Fair Work Ombudsman continues to prioritise protections for younger and vulnerable workers, particularly in industries like construction and hospitality, so it’s best to seek advice before acting if you are unsure about anything.
