Sacked student denied compassionate leave wins compensation
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A student dismissed from an indoor obstacle course just weeks after her grandmother’s death has won compensation.
Bianca Knott, a former supervisor and administrator of Tru Ninja, was fired for alleged serious misconduct, including a failure to provide non-existent evidence of her grandmother’s passing.
Tru Ninja also alleged that Knott provided personal contact details of senior managers to third parties, resulting in them being subjected to abusive calls.
Fair Work Commission deputy president Tony Slevin found that Knott’s employer had no valid reason to dismiss her, finding that neither she nor any third parties had been aggressive to her employer, but instead were frustrated that she was not able to take bereavement leave.
On 19 September 2025, Knott’s grandmother suddenly passed away. Knott sent texts to her employer saying that she was unable to work for the rest of the week, intending to use bereavement and personal leave.
In subsequent correspondence between Knott and Tru Ninja leadership between 22 September 2025 and her termination, Knott’s employer required her to provide a death certificate, funeral notice, statutory declaration, police report, or official police acknowledgement email to support her application for bereavement leave, and until then, she must take out annual leave.
In submissions by Knott, her mother, and cousin, they stated that they were unable to provide Tru Ninja with all the requested documents as it was too soon after her grandmother’s passing, and they had not yet been generated.
Within this period, Knott’s mother spoke to her employer over the phone, expressing frustration that Knott was unable to use her personal leave while grieving.
Regarding the several phone calls that occurred between Knott’s mother and her employer, Tru Ninja submitted that these phone calls were threatening and abusive and constituted serious misconduct.
On 9 October 2025, Knott was called into a meeting and dismissed, effective immediately, on these allegations of misconduct.
The deputy president found that Knott had not engaged in misconduct.
While her mother had been abrupt on the phone with the employer, she was not threatening or abusive; instead, she was frustrated about her daughter needing to take annual leave instead of compassionate leave.
Slevin ruled the dismissal unfair, ordering $7,596 plus superannuation in compensation for 12 weeks’ worth of lost wages.
The case citation: Bianca Knott v Tru Ninja Pty Ltd (U2025/16425).
RELATED TERMS
Compensation is a term used to describe a monetary payment made to a person in return for their services. Employees get pay in their places of employment. It includes income or earnings, commision, as well as any bonuses or benefits that are connected to the particular employee's employment.
When a company terminates an employee's job for improper or illegitimate reasons, it is known as an unfair dismissal.
Carlos Tse
Carlos Tse is a graduate journalist writing for Accountants Daily, HR Leader, Lawyers Weekly.