Apprentice sacked for phone use loses case after Fair Work backs employer
An apprentice was dismissed for repeated phone use on site and took the case to the Fair Work Commission… but the ruling backed the employer. The decision followed multiple warnings, with phone use considered a safety risk.
Phone use on site back in focus after Fair Work ruling.
The case centres around a roofing apprentice who started in July 2024 and, according to the hearing, was repeatedly warned about phone use during work hours. The issue was raised not only by supervisors but also by others on site.
Repeated warnings over phone use
During the Fair Work process, the apprentice admitted he had been on his phone when he should not have been, and that both supervisors and managers had called it out more than once.
He even tried leaving his phone in his tool bag to avoid using it, but said he stopped because he needed to take work related calls.
Things escalated when he received a final warning after a client observed repeated phone use on site. The message was clear. If it happened again, that was it.
“Multiple warnings… then the job was gone.”
The moment it tipped
The incident that led to the dismissal happened on December 3. He had been given a specific task tied to a chimney, but when the foreman checked on progress, he was not in the work area.
He was later seen away from the task, on his phone. He came back shortly after and apologised… but the incident had already been reported.
He was sent home that day and later informed his employment had been terminated.
Fair Work backs the call
He took the case to the Fair Work Commission, arguing he had not been given a proper chance to respond and that the decision was rushed. But the Commission sided with the employer.
The ruling found that while parts of the process could have been handled better, the decision itself stood. The behaviour had been repeated, formally warned and linked to safety risks on site.
At the end of the day, this was not about one quick check on the phone. It was about a pattern that had already been called out, more than once.
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An apprentice was dismissed for repeated phone use on site and took the case to the Fair Work Commission… but the ruling backed the employer. The decision followed multiple warnings, with phone use considered a safety risk.