Employee Relations
No Hang ups with Mobile Addict Sacking + Small Business Fair Dismissal Code
The Fair Work Commission (FWC) has supported a Small Business Employer’s decision to cancel an apprenticeship due to the inability of an apprentice to break his dependency on his mobile device during working hours.
The apprentice was told frequently to stop using his personal mobile phone while on the job. The Apprentice was issued with a "final warning" in May last year, after the apprentice had been seen on his phone "over and over again". The employer’s warning said there would be "zero grey area from here on in" and that if anyone ….. saw him …… again “ his employment would be over". The warning also offered support - "we are all willing to help you become a successful tradesman, even if it is a slow process. . .".
In early December, the apprentice was seen walking up the street away from the work site with his phone. Five minutes later, he was still on his phone when back at work.
The apprentice was asked to leave and later was emailed a notice of termination.
FWC noted to terminate employment & comply with the code, a small business must:
- Give a worker a valid reason.
- Confirm there is a risk of dismissal.
- Warn the worker.
- Give time to rectify problem.
The FWC found the employer did all of the above and the apprentice understood the work conduct was unacceptable and acknowledged the risk to his employment if he didn’t change. Therefore dismissal of the employee was not an unfair dismissal.
Mr Sam Murray v The Trustee for SDM Trust [2026] FWC 896 (24 March 2026)
If you have an employment issue developing in your business, contact the MTA NSW Employment Relations Team at
[email protected]
or
(02) 9016 9000
before it becomes a much larger one.