Can You Dismiss Someone for Using Their Phone Too Much at Work?

Yes. And the Fair Work Commission has already backed an employer who did exactly that.

If you’ve ever watched a staff member scroll through their phone when they should be working and wondered what you can actually do about it, this one’s for you.

The case

An apprentice at a roofing company was spoken to early in his employment about appropriate phone use. He understood the expectations. Despite that, over 18 months he kept getting caught on his phone during work hours.

It got to the point where a client reported seeing him on his phone “over and over again” and hiding instead of working.

The employer issued a formal final warning. Zero grey area. If it happened again, he was gone. Critically, the employer also made clear they wanted to support his development. This wasn’t someone looking for an excuse to sack him.

Shortly after the warning, the employee was asked to complete a task. He was spotted walking up the street, phone in hand. He came back five minutes later, still on it.

His employment was terminated that day.

What the Fair Work Commission found

The Commission had no doubt the employee had repeatedly used his phone inappropriately over an extended period. He had received a clear warning and a genuine opportunity to fix his behaviour.

He didn’t.

The Commission upheld the dismissal. Repeated misconduct even something that seems minor can be a valid reason for termination when it’s been properly managed.

What this means for you as a business owner

This case isn’t really about phones. It’s about conduct, clear expectations, and what happens when you ignore both.

Here’s the thing: a lot of business owners we work with have tolerated this kind of behaviour for months, sometimes longer, because they weren’t sure what they could legally do. The answer is usually: more than you think.

But only if you’ve done the groundwork.

To be in a defensible position, you need to:

• Set clear expectations from the start (ideally in writing, ideally in your contracts or policies)
• Address issues when they come up, not six months later
• Issue a formal warning and give the employee a genuine opportunity to improve

If you do those three things and the behaviour continues, you’ve got a solid case.

A client of ours had a near-identical situation. They’d been putting up with chronic phone use for close to a year because they weren’t sure of their rights. Once we helped them document the issue properly and run a formal warning process, the behaviour stopped almost immediately. And they had a clear path forward if it didn’t.

What happens if you skip the process?

You risk an unfair dismissal claim landing at the Fair Work Commission. Even if the employee’s behaviour is genuinely terrible, skipping steps can cost you.

The good news is the process isn’t complicated. It just needs to be done properly.

That’s where good HR consulting makes a real difference. Not telling you no. Not drowning you in red tape. Just giving you a clear, risk-managed path to deal with the issue and move on.

The bottom line

It’s not the phone. It’s the pattern.

When behaviour is repeated, expectations are ignored, and warnings go unheeded, even something small can become a valid reason for dismissal. You just need to manage it correctly.

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