A part-time employee has been granted compensation three times greater than her original claim after the Fair Work Commission determined her dismissal was unjustified, occurring mere days following the tragic loss of her grandmother. Bianca Knott, a forensic science student, worked as a supervisor and administrator at Tru Ninja, an indoor obstacle-course facility located in Penrith, Sydney, starting in June 2024.
Unreasonable demands for proof after bereavement
On September 19, 2025, Ms Knott's grandmother passed away unexpectedly. She promptly notified her manager, stating she needed time off to grieve and intended to utilise her entitled bereavement leave. However, the Commission heard that Tru Ninja persistently insisted on evidence of the death within days of the occurrence.
According to the judgment delivered on Tuesday, Ms Knott informed her manager she could not work on September 19 and 20 but would provide an update by September 22. Later that same day, the company demanded documentation to support the leave request.
Escalating requests and disciplinary actions
On September 23, Tru Ninja formally requested a death certificate, funeral notice, or statutory declaration. Additionally, Ms Knott was asked to supply a working with children check and a first aid certificate, which Deputy President Tony Slevin labelled as 'inexplicable' in his findings.
Between September 22 and 29, repeated communications ensued among Tru Ninja's management, Ms Knott, and her family regarding the evidence demands. Ms Knott explained she could not produce documentation so soon after the death, and her mother phoned operations manager Olga Ilina on September 23 to clarify it was too early for formal proof.
The following day, co-owner Tania Romero emailed Ms Knott, outlining bereavement leave entitlements under the Fair Work Act and requesting evidence by September 28. On September 25, co-owner Evan Wardrope emailed, repeating the request and suggesting annual leave be used from September 23 to 27.
Ms Knott responded by emailing a medical certificate and a police event number as interim evidence. Mr Wardrope then requested further proof, such as a police report or official email, to verify the event number, stating compassionate leave would only be paid upon receipt.
Dismissal and allegations of misconduct
Ms Knott asserted her right to disconnect from work and provided a funeral notice, but Mr Wardrope rejected this, warning of disciplinary action for non-compliance. On October 9, she attended a formal disciplinary meeting with Mr Wardrope and Ms Ilina, receiving a written warning.
The next day, Ms Knott requested an official termination letter and payment for her four weeks' notice. She was given the letter but told no payment was due as the dismissal was for serious misconduct. The termination letter, reviewed by the Commission, alleged Ms Knott engaged in serious misconduct by sharing senior managers' contact details with a third party, leading to threatening calls, refusing to supply leave evidence, and failing to respond to communications.
It also claimed her behaviour caused significant distress to management, including Ms Romero, who was heavily pregnant, and irreparably damaged the employment relationship.
Commission's ruling on unreasonable conduct
During the hearing, Mr Wardrope argued the dismissal stemmed from tense communications with Ms Knott's mother. However, Deputy President Slevin dismissed this, describing Tru Ninja's actions as 'unreasonable'.
'I do not find that the communications from Ms Knott's mother were rude and abusive,' he stated. 'They may well have been abrupt and firm, but I would not consider them to be rude or abusive. They followed a number of email exchanges in which Ms Knott continued to attempt to access her entitlements. The company’s responses, in my view, were unreasonable.'
He emphasised that seeking proof of death so soon after the passing was unreasonable, and Ms Knott's requests for time were reasonable. He concluded that none of the communications amounted to serious misconduct by Ms Knott.
Failure in dismissal procedures
The FWC further found Ms Knott was not notified of a valid reason for dismissal, not warned about poor performance, and Tru Ninja failed to consider her distress. 'True Ninja should have stepped back and given Ms Knott the time that she needed to grieve. It did not,' Deputy President Slevin said. 'Instead, it continued with emails and requests for information and engaging with Ms Knott at a time where she should have been given time to herself.'
The Commission awarded Ms Knott $7,596 in lieu of reinstatement, triple the amount she initially sought. Tru Ninja has been contacted for comment on the ruling.
