“Not Showing Up Is a Big Problem” - When Absenteeism Becomes a Valid Reason for Dismissal

For many of our larger members - dealerships, major workshops, and multi-site operations - absenteeism isn’t just frustrating, it’s operationally damaging.

You feel it straight away:

• The workshop is short a technician
• Jobs get pushed back
• Service advisors are under pressure
• Reception is scrambling to manage customers 

And before long, one employee’s absence becomes everyone else’s problem.

A recent decision of the Fair Work Commission reinforces an important point for employers:

👉 There is a line - and once it’s crossed, termination can be justified.

The Case: Anthony Clark v Woolworths Group Limited

This wasn’t a short-term issue or a one-off absence.

• The employee had over 20 years of service
• He recorded 92 absences in a 12-month period
• He repeatedly failed to notify the business properly
• He failed to provide supporting evidence when directed 

Despite multiple warnings and directions over several years, the behaviour continued.

The employer ultimately terminated employment.

What the Commission Said (This Is the Key Part)

The Commission found two separate and very important valid reasons for dismissal:

1. Failure to Meet Inherent Requirements

The Commission confirmed that:

👉 Attending work regularly is an inherent requirement of employment

If an employee cannot do that consistently, they may no longer be able to perform the role.

2. Failure to Follow Lawful and Reasonable Directions

The employer had directed the employee to:

• Notify absences properly; and
• Provide medical or supporting evidence 

The employee repeatedly failed to comply.

👉 That alone was enough to support a valid reason for dismissal.

The Outcome

Even with:

• Long service
• Personal circumstances
• Claims of improvement 

The Commission held:

👉 The dismissal was NOT unfair and the application was dismissed.

What This Looks Like in Your Business

Let’s bring this back to your world.

Workshop Scenario

• Vehicles are sitting idle
• Other techs are pulled off jobs
• Customers are waiting 

Your only diagnostic technician doesn’t show up - again.

Front Counter Scenario

Your service advisor calls in late (or not at all).

• Phones go unanswered
• Bookings fall behind
• Customers get frustrated 

Admin / Accounts

Payroll or warranty claims are delayed.

• Cashflow impacted
• Compliance risks increase 

This is exactly the kind of operational strain the Commission recognises.

Where Most Employers Get It Wrong

Here’s the reality - we see this weekly:

❌ Letting it slide too long
❌ Accepting poor communication (texts, late notice, no notice)
❌ Not enforcing evidence requirements
❌ Jumping straight to termination without groundwork

Then when it gets to the Commission…

👉 There’s no structure behind the decision

What the Case Tells You to Do (Properly)

If you’re dealing with absenteeism, you need to build this properly:

1. Set Clear Expectations

• How absences must be notified
• What evidence is required 

2. Issue Lawful and Reasonable Directions

• In writing
• Clear and specific 

3. Follow Up Every Breach

• Don’t ignore it
• Don’t “let it go this time” 

4. Use a Show Cause Process

• Put the issue squarely to the employee
• Give them a chance to respond 

5. Separate Two Issues

Capacity → Can they attend work?

Conduct → Are they following directions?

👉 This case succeeded because the employer had both.

The Commercial Reality

Let’s be blunt.

A business - especially a workshop or dealership - cannot function with unreliable attendance.

The Commission gets that.

But they will only back you if:

👉 You’ve done the groundwork properly

Final Word

This decision is a strong reminder:

👉 Absenteeism can justify termination - but only when managed correctly

If you’re dealing with a situation like this, don’t guess your way through it.

These matters turn quickly - from frustration to legal risk.

Need Help?

This is exactly what your ER Team at MTA does every day.

We can:

• Set up the right process
• Draft directions and warnings
• Run the show cause process
• Help you get to a defensible outcome 

👉 Pick up the phone and speak to your ER Team before it escalates.