A part-time waitress was unsuccessful in her general protections application after the Fair Work Commission found that her employer’s instruction to 'go home' during a dinner service confrontation did not, objectively, constitute a dismissal.
In issue
A key issue for the Fair Work Commission was whether the words 'go home' objectively constituted a dismissal or merely amounted to an instruction for the waitress to leave the workplace at the conclusion of the dispute.
The background
Ms Shuk Lan Wu was employed as a part-time waitress at Tam Jai Aust Co Outlets Pty Ltd (Employer). On 25 February 2026, during dinner service, Ms Wu became involved in a heated discussion with the Employer’s operations manager. Ms Wu alleged that the operations manager conducted himself in an intimidating manner, and on two occasions, questioned whether she wished to continue working with the Employer. In response, Ms Wu stated that, as the most senior person present, the operations manager had the
