‘You better start talking’: $8k awarded to unfairly dismissed childcare centre director

A director at a childcare centre in Brisbane was summarily dismissed after she refused to fire a worker undergoing chemotherapy. The Fair Work Commission found the termination was unfair and ordered nearly $10,000 in compensation.

In May 2025, a director at a childcare centre was instructed by her employer to draft a termination letter to a worker undergoing chemotherapy for taking approved annual leave. When the centre director refused, she was fired on the spot.

The worker was employed as a lead educator at Little Ted’s Childcare Centre in Oxley, Brisbane, from March 2015 for nearly a decade before Sharn Enterprises took over on 3 February 2025.

Shortly after the transfer of ownership, the lead educator became centre director and was expected to manage day-to-day operations, including rostering.

In a letter to parents and guardians, new business owner Reena Kapoor said: “I decided to take [the worker] on board as NS (nominated supervisor/centre director) without hesitation ... With training and patience, she will become a great leader for this centre, bringing positive changes through her experience.”

One or two days after the transfer of ownership in early February, Kapoor travelled overseas for nearly the whole month, leaving the newly appointed centre director without support or training.

“I was afforded minimal support in undertaking the administrative duties of the centre. I had made [Kapoor] aware of my minimal experience in administrative duties, and she undertook to provide me with training,” the worker said.

In April, a colleague who was undergoing chemotherapy had taken approved annual leave for a trip to Canberra, which agitated Kapoor as she believed that she was absent for cancer treatment.

The commission heard that “[Kapoor] didn’t think that [the worker’s] ongoing absences were working for the business”.

One month later, Kapoor instructed the centre director to draft a termination letter to end the employment of a worker undergoing chemotherapy, to which the director responded: “You will never get me to support the reasons for [the worker’s] termination.”

Following this comment, Kapoor asked the director if she wished to continue in her position; she responded: “No.”

The director submitted that the response related to her position as centre director, not her employment at the centre in general.

Kapoor then told her to leave the centre. The director asked her employer if this was a verbal termination; her employer responded, “Yes, leave.”

On the same day in May, Kapoor sent a letter to parents and guardians at the centre announcing the director’s dismissal based on significant breaches. Kapoor and the director engaged in text correspondence that day, during which the employer denied firing her.

During the text exchange, the director sent her boss a screenshot of the announcement letter sent to parents and guardians, which read: “I have made the decision to ask [the director] to leave center”.

“That’s what I needed – now legally [sic] you will have to provide me all information as [to] who has sent you this?!? I wanted to find out who is leaking infor [sic] when I haven’t released [sic]. So it’s better you can start talking,” Kapoor said in response to the screenshot.

In her 10 April decision, Fair Work commissioner Paula Spencer ruled that the director’s dismissal was unfair due to a lack of notification before termination.

In addition, the commissioner rejected Kapoor’s claim that the dismissal was based on significant breaches, which she submitted included the worker overstating her qualifications when applying to become the centre director.

The commissioner relied on Kapoor’s prior statement about the director: “With training and patience, she will become a great leader for this centre, bringing positive changes through her experience,” scrapping the allegation of significant breaches.

Thus, Spencer ruled in favour of the worker’s unfair dismissal application and ordered Kapoor to pay her compensation of $8.557.50, less tax on lost wages.