- Published
An IT manager has lost his unfair dismissal claim after being fired by his employer for falsifying timesheets while working from home.
The Fair Work Commission heard that the worker, who split his time between the office and home, frequently missed online meetings and struggled to complete timesheets on time. Monitoring tools tracked his laptop logins, web browsing, keystrokes, and applications, revealing that on some days he logged in for just 10 minutes, or not at all, while claiming full workdays. On 4 occasions, he also claimed full days but had only worked half a day or even less.
The worker initially admitted in response to his termination that he had “barely kept up with the minimum” and “lost his motivation.” He later argued he hadn’t done anything wrong, claiming underutilisation, receiving nearly 500 emails a day, and reading a “long, complex” report offline. The employer found the offline report had only 72 pages including hyperlinks which required system access to complete the work.
Fair Work Commissioner, Trevor Clarke, ruled the dismissal justified, calling the worker’s explanations “wholly unconvincing” and noting that dishonesty in recording work hours “destroys the employment relationship” and breaches trust required between employer and employee. Clarke also said pursuing the claim was “ill-advised.”
The case is contrary to a broader trend where the Commission has upheld dismissals of employees found doing minimal work while working from home.
Managing Remote Work and Performance Concerns
As a business owner, it can be challenging to know if a staff member is genuinely struggling, disengaged, or misrepresenting their hours – especially with hybrid or remote work.
Here are some practical steps to protect your business and support your team:
- Maintain Regular Check-Ins – Schedule weekly one-on-one meetings to review tasks, progress, and any blockers. Open communication helps spot problems early and supports employees who may be struggling.
- Discuss & Document Everything – Promptly discuss with the employee and keep a clear record of missed deadlines, incomplete timesheets, or performance issues. Documentation is crucial if disciplinary action becomes necessary.
- Leverage Performance Reviews – Use formal reviews to set expectations, provide feedback, and offer support. They’re also an opportunity to address patterns of disengagement before they escalate.
- Seek Support Early – If you suspect misconduct or ongoing underperformance, getting guidance can ensure your approach is fair, compliant, and effective.
Remember, managing remote staff doesn’t have to feel like a guessing game.
With the right tools, clear policies, and supportive practices, you can maintain productivity, accountability, and trust across your team.
But don’t wait until it becomes a bigger problem.
We can help you with:
- Reviewing policies and timesheet procedures for remote work
- Provide guidance on addressing underperformance or misconduct
- Support you through disciplinary processes, if needed
