Unfair Dismissal Lessons: Casual Florist Wins Claim after Email Sacking Following Sick Leave

Sally Dillon • August 20, 2023

In today's fast-paced business world, managing employment laws and employee relations can be overwhelming, especially for small and medium businesses who don’t have in-house HR expertise. The ever-changing landscape of regulations and the complexities of human resources can sometimes leave business owners uncertain about the best course of action. Real-world examples often provide invaluable insights that can help illuminate the path to effective HR management. One such example is the recent Fair Work Commission case of Kate Clift v Tony's Wholesale Flowers.


The Case in Question: Kate Clift v Tony's Wholesale Flowers


In this case, a casual worker named Kate Clift found herself at the centre of a legal battle after being dismissed from her job at Tony's Wholesale Flowers. What makes this case particularly significant is the context of her dismissal: she claimed she was wrongfully terminated after she took sick leave. 


Kate Clift had been employed at Tony's Wholesale Flowers for 19 months, working as a casual employee in production. She and two colleagues were stunned to receive an email from their boss, Tristan Smith, informing them that their positions had come to an end. The email stated that their roles were being terminated due to the end of the event season, and they were thanked for their hard work during that period. It’s worth noting that Clift’s contract stated that no notice was required to terminate her employment. 


However, Kate Clift believed there was more to her dismissal as she received the email one day after she called in sick for the third time in two weeks. She lodged a dispute with the Fair Work Commission, asserting that her status as a regular and systematic casual employee entitled her to protection against unfair dismissal. Her argument hinged on the fact that she had consistently worked similar shifts over the span of more than 12 months, and thus should not have been terminated without proper consideration. 


Furthermore, in her application to the commission, Clift said she missed two shifts because she was sick and the third as she was experiencing “trauma and emotional distress” from her home being broken into. She had communicated her feelings of sickness and unease to her employer, although she hadn't explicitly disclosed that her home had been broken into on the last day that she called in sick. 


Commissioner Hampton determined that although Tony’s Flowers may have had an objectively justifiable reason for the dismissal - that work was drying up as the business headed into the off-season - it was not related to Clift’s capacity or conduct at work and therefore was not a “valid reason”. Hampton also said the way Clift was let go via email was unreasonable and therefore deemed it an unfair dismissal.


What have we learned from this case?


Lesson 1: Prioritise Compliance and Fairness


Doing things by the book is crucial. The Clift case reminded me of the significance of understanding employment laws and ensuring procedural fairness when making tough termination decisions. It's essential to have a solid foundation of compliance and a process to guide the way.


How to Minimise Risk:

  • Regularly review your employment practices to ensure they align with relevant laws.
  • Establish clear criteria for termination, grounded in valid reasons and fair procedures.


Lesson 2: Respect Employee Privacy Regarding Sick Leave


Your employees' well-being matters. The case showed the importance of respecting employee privacy, especially when it comes to sick leave. Open and honest communication builds trust and fosters a supportive workplace culture.

How to Minimise Risk:


  • Encourage open communication about sickness or personal circumstances.
  • Respect employees' privacy and create an environment where they feel comfortable discussing their challenges.


Lesson 3: Prioritise Written HR Policies and Procedures


Having clear and well-defined HR policies and procedures or an employee handbook is like having a compass to navigate through HR challenges. These documents set expectations and ensure everyone knows their rights and responsibilities, creating consistency in decision-making.


How to Minimise Risk:

  • Develop comprehensive HR policies and procedures tailored to your business's needs.
  • Regularly review and update these documents to reflect changes in legislation and business practices.


Lesson 4: Seek Expertise from an Experienced HR Professional


An experienced HR consultant can be your superhero! They know the ins and outs of relevant legislation and can tailor policies that suit your unique business needs.


How to Minimise Risk:

  • Collaborate with an HR consultant to ensure your policies and practices align with legal requirements.
  • Leverage their expertise to navigate complex HR challenges and minimise potential risks.


Lesson 5: Proactive Management of Employee Relations


Happy employees lead to a thriving business. Effective communication, conflict resolution strategies, and performance management are crucial for maintaining a positive work environment. A HR consultant can help you establish these practices and keep your team engaged.


How to Minimise Risk:

  • Foster open communication channels to address concerns and conflicts promptly.
  • Implement regular performance reviews and feedback sessions to nurture employee growth.


Lesson 6: Mitigate Risks with Procedural Fairness


The last thing you want is to face an unfair dismissal claim. Properly notifying employees about dismissal reasons and providing them an opportunity to respond is key to procedural fairness. Even when contracts state that no notice is required, it’s important to consider how and when that message is delivered to staff, particularly in light of Commissioner Hampton’s comments about Clift being advised by email was unreasonable. 


How to Minimise Risk:

  • Establish clear procedures for dismissals, ensuring they adhere to legal standards.
  • Seek guidance from an HR consultant to navigate the dismissal process with fairness and transparency.


In conclusion, the case of Kate Clift v Tony's Wholesale Flowers serves as a powerful reminder of the importance of understanding employment laws, respecting employee rights, and maintaining a fair workplace environment. By integrating the lessons from this case into your HR practices, you can navigate the complexities of employment management with confidence.


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By Sally Dillon January 29, 2025
Introduction HR is one of the most misunderstood roles in business. Some believe HR exists to protect employees. Others think HR’s sole job is to defend the company. Both are wrong. And this misunderstanding is costing businesses money, trust, and talent. For over two decades, I’ve seen organisations sideline HR - treating them as a policy enforcer or an afterthought. The result? 🚨 Employees don’t trust HR. 🚨 Leaders fail to leverage HR strategically. 🚨 Businesses struggle with culture, retention, and performance. But here’s the truth: HR isn’t about sides. It’s about solutions. Great HR drives business outcomes by balancing people and performance. The question is: Are you using HR to its full potential? HR as a Strategic Powerhouse, Not Just a Policy Enforcer The best businesses don’t just "have" an HR department. They embed HR into leadership decisions. HR isn’t just about hiring, firing, and compliance - it’s about: ✅ Shaping culture and engagement (which directly impacts performance). ✅ Developing leadership capabilities (to create stronger teams). ✅ Driving strategic workforce planning (so you have the right people, in the right roles, at the right time). ✅ Maximising financial impact - because people are both your biggest cost and your greatest asset. If your HR function isn’t influencing leadership, growth, and profitability , you're leaving money on the table. HR as a Key Voice on Your Leadership Team Many leadership teams still treat HR as a support function rather than a core business driver. That’s a mistake. Your Chief People Officer (CPO) or HR Director should have the same level of influence as your CFO, COO, or Head of Sales. Why? Because your people strategy IS your business strategy. 🔹 You wouldn’t make financial decisions without consulting your CFO. 🔹 You wouldn’t make operational changes without your COO’s input. 🔹 So why make leadership and talent decisions without HR at the table ? And yet, in many businesses, HR reports to finance, operations, or admin - departments that have their own agenda when it comes to assessing people needs, budgets, and workforce requirements. HR should report directly to the CEO, or Business Owner to ensure people strategy is aligned with business strategy - not just budget constraints or operational efficiency. Because when HR is filtered through another department’s lens, critical workforce decisions become secondary to financial targets, logistical priorities, or admin processes. If your HR leader doesn’t report directly to the top, you may be unknowingly limiting their ability to drive real business outcomes. Are You Using HR to Its Full Potential? Take a moment and ask yourself: ❓ If you have an in-house HR team, are you using their skills and expertise across all areas of your business? Or are they stuck in admin-heavy tasks, when they could be driving strategic initiatives? ❓ If you’re a small or medium business and don’t have in-house HR, why haven’t you partnered with an external consultant? What’s stopping you from leveraging the expertise that could transform your business? In larger businesses, HR should go beyond just ‘HR.’ Under an expanded People & Culture framework, HR should oversee: ✔ Training & Development – ensuring leaders and employees are constantly upskilling. ✔ Work Health & Safety – making compliance, risk management, and employee wellbeing a priority. ✔ Recruitment & Talent Strategy – not just filling roles but attracting and retaining top performers. ✔ Major Projects & Change Management – ensuring workforce alignment with organisational shifts. In smaller businesses , these functions can be outsourced or strategically managed by an external HR consultant working directly with the business owner. This ensures a strong, aligned people strategy, while certain operational roles (finance, admin, or operations) may take on specific HR tasks - as long as they receive the right training, support, and strategic direction. HR isn’t just a department - it’s an investment in your business’s future. Whether in-house or external, make sure your HR function is working at a strategic level, not just buried in paperwork. HR’s Impact on the Bottom Line People aren’t just a cost centre - they are a profit driver. 📊 Labour is often one of the largest expenses in a business - so managing it strategically impacts profitability. 📊 Engaged employees are 23% more profitable , according to Gallup. 📊 Turnover costs 50-200% of an employee’s salary - losing top talent is expensive. When HR has a strategic voice in leadership , businesses see: ✔ Stronger alignment between business goals and people strategy. ✔ Faster, smarter hiring that supports growth. ✔ Better leadership development , reducing costly turnover. ✔ More effective workforce planning , so salaries, training, and hiring are investments—not wasted costs. Final Thought: HR is Not a Department - It’s a Business Growth Lever If your HR function feels like a compliance department , you’re doing it wrong. HR should be a leadership asset , helping your business make smarter, people-focused decisions. So, here’s my challenge to you: 📌 If you’re a CEO or MD - bring HR into the strategy conversation early and often. 📌 If you’re a leader - use HR as a coaching and development resource, not just a policy checker or problem fixer. 📌 If you’re in HR - push for a strategic role in leadership, not just operational support. Because when HR and leadership align , businesses don’t just succeed. They thrive. Want to Develop Stronger, More Strategic Leaders? If you’re serious about building leadership capability in your business, let’s talk. My Leadership Dynamics Accellerator Program helps CEOs, Business Owners, Leaders and HR teams create high-performing leaders who know how to balance people and performance. 📅 Book a free leadership triage call to see how we can help here . 🚀 Save your spot in our next Leadership Dynamics Accelerator Program here . 📩 Send us an email for more information here . Let’s build something stronger - together.
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Is The Monkey Still Relevant? In the world of modern management, the concept of "Management Time: Who’s Got the Monkey?" by William Oncken Jr. and Donald L. Wass still resonates deeply. Originally published in 1974 and revisited multiple times, this seminal article sheds light on a perennial issue: managers overwhelmed by tasks while subordinates seem to have ample time and energy. Understanding Management Time Today Managers today face a quartet of time demands: Boss-imposed time: Tasks directly mandated by superiors, non-negotiable and swiftly penalised if neglected. System-imposed time: Requests from peers for support, vital for organisational harmony and efficiency. Self-imposed time: Initiatives and tasks originating from the manager themselves, including tasks delegated by subordinates. Team member-imposed time: Requests, questions, or tasks initiated by team members that require the manager's attention or input. The challenge lies in balancing these demands to maximise discretionary time—time not governed by external pressures and crucial for strategic decision-making. The Monkey Metaphor in Today’s Workplace Imagine a manager walking down the hallway, stopped by a subordinate with an urgent issue. Initially, the problem is the subordinate's ("the monkey is on their back"). However, as the manager engages without immediately resolving, the monkey leaps to the manager's back. This shift represents how subordinates can inadvertently burden managers with their tasks and decisions. Practical Leadership Takeaways Empowerment through Initiative: Managers should foster a culture where subordinates take initiative and responsibility. This not only lightens the manager’s load but also enhances team autonomy and morale. Clear Communication: Setting clear boundaries and expectations prevents monkeys from leaping onto the manager's back. Discussions should clarify who owns the next steps and when they should be completed. Time Management: Effective time management is not just about personal efficiency but about strategically using discretionary time to focus on high-impact tasks and strategic priorities. Implementing Modern Strategies Today's managers must proactively manage their time and responsibilities: Appointment-Based Support: Engage with subordinates by appointment rather than ad-hoc interruptions to manage tasks effectively. Documentation and Follow-Up: Use technology and structured communication tools to document tasks and progress, ensuring clarity and accountability without burdening the manager. Training and Empowerment: Invest in training programs that empower subordinates to handle tasks independently and make informed decisions. Conclusion The timeless lesson from "Management Time: Who’s Got the Monkey?" remains clear: managers must reclaim control over their time by preventing subordinate tasks from becoming their own. By fostering initiative, setting clear boundaries, and leveraging technology, modern leaders can achieve greater efficiency and effectiveness in their roles. This approach not only reduces stress but also enhances organisational productivity and employee satisfaction—a win-win for managers navigating today’s complex business environments. You can read the original HBR Article here. Further Enhance Your Leadership Skills If you find yourself grappling with the challenges of balancing managerial responsibilities and empowering your team effectively, consider exploring our Leadership Dynamics Program at Revolution Consulting Group. Designed to equip leaders with modern strategies and practical tools, our program focuses on fostering a culture of accountability, enhancing team dynamics, and maximising leadership potential. Whether you're looking to refine your leadership approach or empower your team to take on greater responsibilities, our tailored coaching and training solutions can support your journey towards becoming a more effective and influential leader. Click here to book an free Triage Call to find out about how our 12 week Leadership Dynamics Program can benefit you. Click here to join our mailing list to get more tips, advice and updates on all things HR and Leadership.
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