Tony’s Flowers worker Kate Clift awarded nearly $3,000 for unfair dismissal over seasonal work

Read the text messages casual florist claims got her fired from her job before she took her boss to court and WON

  • Casual employee Kate Clift was awarded nearly $3,000 for being unfairly fired
  • Fair Work heard Ms Clift missed shifts because she was sick and had a break in
  • Her employer, Tony’s Flowers, fired her over email along with two other workers
  • It said seasonal work ended but she had worked with them for almost two years

A casual flower supply worker has been awarded nearly $3,000 for unfair dismissal after missing three shifts after her home was broken into.

Kate Clift took a case against her former employer, Adelaide-based florist supplier Tony’s Flowers, to Fair Work for unfair dismissal after they sent an email firing her and two other employees.

Ms Clift began working for Tony’s Flowers on August 26, 2020, and was fired from the company on May 4, 2022.

They said she was dismissed because ‘seasonal’ work for Mother’s Day had ended. 

Fair Work found Kate Clift was unfairly dismissed from florist supplier Tony’s Flowers after she received an email firing ‘seasonal’ workers after being employed at the company for more than two years (pictured, a Tony’s Flowers warehouse)

A clause in Ms Clift’s employment contract said the company wasn’t required to give Ms Clift any notice prior to her dismissal. 

Ms Clift said during her time with the florist supplier she was a good employee and the commission heard she picked up extra work during Covid labour shortages.

‘I was a dedicated employee and performed well in my role and there were ongoing systematic shifts due to be given to me on an ongoing basis,’ she wrote in a statement.

‘I do not believe that my employer terminated me for lack of work but rather because of taking this unplanned leave and (them) not being happy about it.’

She said she was fired after missing three shifts over two weeks, two because she was sick and another because her home was broken into.

Text exchanges between Ms Clift and her boss, Tristan, from April 27 to May 3 show she followed procedure and let her boss know she wouldn’t be able to make her shifts.

Messages between Kate and her boss Tristan (above) show she missed three shifts over two weeks because she was sick

Messages between Kate and her boss Tristan (above) show she missed three shifts over two weeks because she was sick

However, she did not tell her employer she was the victim of a home invasion because she was still ‘distressed’ and didn’t want to talk about it.

After pulling out of the third shift, but offering to make up the time by working an additional one, Ms Clift received a message from her boss that said: ‘Hi Kate, I have taken you off the roster for the rest of the week so you can focus on your recovery.’

The following day, May 4, she received an email addressed to her and two other employees saying their employment was terminated.

‘Good morning. As the event season is now coming to an end, please be advised your position with Tony’s Flowers has now ended,’ the email said.

‘We would like to thank you for all of your hard work during this period.

Fair Work found Ms Clift was unfairly dismissed because she was not a seasonal worker and slammed the company's decision to loop two other employees in on the email (pictured, a Tony's Flowers warehouse)

Fair Work found Ms Clift was unfairly dismissed because she was not a seasonal worker and slammed the company’s decision to loop two other employees in on the email (pictured, a Tony’s Flowers warehouse)

‘Your details will be kept on file for future events. Thanks, Tristan.’

The Fair Work Commission found Ms Clift’s termination was unfair because the email said she was dismissed because seasonal work was ending even though she was not a seasonal worker.

The commission added Ms Clift did no wrong by missing her three shifts and was not given the opportunity to discuss her termination with her employers.

It also found it was ‘unreasonable’ for two other employees to be looped into each other’s termination messages.

‘Dismissal by a common email without any prior discussion was not appropriate and also involved the Applicant’s, and the other 2 employees’, dismissal improperly being disclosed to others,’ it said.

For her unfair dismissal, Ms Clift was awarded $2,890 plus superannuation contributions last Friday. 

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Read more at DailyMail.co.uk