An employee sacked after being caught at a Wiggles concert, while claiming to be caring for a sick child, has had his unfair dismissal case knocked back.
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Sean Mamo took action against Yarrawonga Toyota after being sacked on July 2, having worked for the business for nearly eight months.
He took a personal leave day to care for his son, only for a photograph to appear on Facebook showing him at the concert on June 28.
A staff member showed his boss the image.
Mamo was interviewed and at first denied he had falsely claimed the leave.
His bosses mentioned the picture from the show, and Mamo admitted he had attended.
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He said he hadn't applied for an annual leave day as he thought it would be knocked back, but was unapologetic.
The act was the final straw after poor performance and he was fired with one week's pay.
Mamo argued the business had no valid reason to dismiss him and it was unfair to do so, and claiming the leave wasn't enough to warrant dismissal.
Two conciliation conferences failed to reach resolution, and Mamo lodged an application with the Fair Work Commission.
Company representatives attended a hearing in Wangaratta last month but Mamo did not show up, and gave no explanation why.
Fair Work Commission deputy president Alan Colman said the action had been a "regrettable distraction from running their business".
"Taking into account all of the circumstances, I consider that the dismissal of Mr Mamo was not harsh, unjust or unreasonable and that accordingly his dismissal was not unfair," he said.