澳大利亚公平工作委员会日前裁定,一名女性员工遭前夫不当解雇,判令其前夫所有的Platform One夜总会赔偿24,548澳元及养老金1。该员工自2014年起在夜总会担任会计和业务经理,于2024年婚姻破裂后被解雇1。
公司解雇员工时引用了多项不当行为指控1。这些指控包括员工未经授权增加自己薪酬、在工作群聊中发送不雅照片以及篡改工作能力证明1。2024年年底,员工在开车时误将一张不雅照片发送至包含前夫、董事和经理的WhatsApp群,医生随后证实该照片是"标准术后护理程序"的一部分1。2025年4月,员工篡改了一份工作能力证明,声称因偏头痛等原因在4月18日至5月16日期间无工作能力1。
委员会认定这些事件直到近一年后的解雇通知书中才被提出1。调查发现,员工自主增加的薪酬"很可能"已获得前夫批准,因为公司在发现后10个月仍按提高后的工资继续支付1。委员会裁定,虽然员工的行为构成不当行为,但真实解雇原因是公司不愿继续支付无法工作的员工薪酬,且解雇程序违反了法律要求1。
A woman has won a significant employment dispute against Platform One nightclub, where she was fired by her ex-husband over an explicit photograph she accidentally shared in a work group chat.1 Australia's Fair Work Commission determined that although the employee engaged in misconduct, the true reason for her dismissal was the company's unwillingness to continue paying her salary during a period when she was unable to work, and the termination process violated legal requirements.1 The commission ordered the nightclub to pay the employee 24,548 Australian dollars plus superannuation.1
The employee had worked as an accountant and business manager at the nightclub since 2014, employed by the business's major shareholder and managing director—her former husband.1 Her dismissal came in 2024 following the breakdown of their marriage.1 The formal grounds cited for termination included unauthorised salary increases to herself, sending an explicit photograph to a work WhatsApp group containing her ex-husband, directors, and managers, and tampering with a medical certificate.1 The photograph, sent late in 2024 while she was driving, was confirmed by a doctor to be part of standard post-operative care procedures.1
The commission's investigation revealed significant issues with the employer's case.1 The explicit photograph was not raised in the dismissal notice until nearly a year after it was sent, and the tampered medical certificate—which falsely claimed the employee was unfit for work between April 18 and May 16, 2025—was similarly not mentioned until that late stage.1 Regarding a self-authorised salary increase, the commission found it "likely" had been approved by her ex-husband, as the company continued paying the elevated wage for ten months after becoming aware of the change.1
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