Tony’s Flowers worker paid out after wrongful termination

An Adelaide-based florist worker received nearly $3000 for being sacked after three missed shifts.

A casual worker in Adelaide has been awarded close to $3000 for unfair dismissal after she argued she was sacked for missing three shifts while sick.

Kate Clift had been working as a flower supply worker for Tony’s Flowers for nearly two years when she was told via email she was no longer needed at the end of a busy period.

The email, which was also addressed to two other workers, came a day after Ms Clift called in sick for the third time in a week.

While management at Tony’s Flowers maintained Ms Clift’s dismissal was a result of the company winding down after the busy Mother’s Day period, the Fair Work Commission disagreed.

Text messages supplied to Fair Work showed she gave notice to manager Tristan Smith that she was sick in the week leading up to her dismissal, but was eager to make up for missed shifts.

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A worker at a Tony’s Flowers shop has won her unfair dismissal case.

The first message, sent to Mr Smith on Wednesday, April 27, 2022, said “I’ve been vomiting for the last two hours Tristan so I won’t be in today, but I will update you tomorrow how I am”.

After initially saying she was ready for work on the 28th, Ms Clift then cancelled.

“Tristan I’m actually still sick this morning. I felt really lethargic getting dressed and I don’t think it’s a good idea for me to start driving,” she said.

She then indicated she was keen to make up for missing shifts in the next two weeks but was too sick to work on May 3.

In reply, Mr Smith said, “Hi Kate, I have taken you off the roster for the rest of the week so you can focus on your recovery”.

The next day, Mr Smith sent the email confirming her termination.

Tony’s Flowers argued that because Ms Clift was a casual employee, they could end her employment without notice.

While they said they were within their rights to end Ms Clift’s employment as the volume of work decreased after the busy events season, she argued her dismissal was a result of the three missed shifts.

The Fair Work Commission found the timing of her sacking was “unreasonable”, and ordered Tony’s Flowers to pay $2890 plus superannuation contribution as compensation.

Originally published as Tony’s Flowers worker paid out after wrongful termination