The Fair Work Commission (FWC) has ruled that a sales manager’s decision to send a single job-seeking email from his work account during business hours did not justify summary dismissal. The case involved a sales manager who was dismissed from their employment after an email had been sent to a gym business attaching the sales manager’s resume. In the email, the manager wrote that he “would love to have a chat” if opportunities arose. The message was sent three days before he requested three weeks’ personal leave to consider his future.

February 2026

Employers Should Take Time to Think Prior to Dismissing an Employee

The Fair Work Commission (FWC) has ruled that a sales manager’s decision to send a single job-seeking email from his work account during business hours did not justify summary dismissal. The case involved a sales manager who was dismissed from their employment after an email had been sent to a gym business attaching the sales manager’s résumé. In the email, the manager wrote that he “would love to have a chat” if opportunities arose. The message was sent three days before he requested three weeks’ personal leave to consider his future.

At the time, the manager had been facing increasing scrutiny about his performance, particularly regarding sales targets. On the same day his performance was queried by the new sales director, he sent the job enquiry from his company email account. His résumé indicated a desire to transition from his current industry into health and wellness industry.

Business management regarded the conduct as serious misconduct, citing a “fundamental breakdown” in the employment relationship. The manager was dismissed before lunchtime, without further investigation.

Deputy President Tony Slevin found that while the manager had breached the company’s policy by using the work email system for personal purposes, this did not amount to serious misconduct under the Fair Work Regulations. The Commission rejected the employer’s argument that the conduct justified summary dismissal, describing termination for a single email as disproportionate.

Although reinstatement was not sought, the FWC concluded that ongoing performance concerns meant the manager would likely have remained employed for only another 15 weeks. He was awarded $28,374.30 plus $3,404.92 in superannuation as compensation for unfair dismissal.

This was a costly management error and if the business would have managed the sales manager correctly, a dismissal could have occurred without exposure to an unfair dismissal action or the penalty the business had to pay.