Dismissal, Behaviour, Investigations

Bullying; Harassment; Sexual harassment; Workplace investigations; Unfair dismissal

No “fair go” makes dismissal for a valid reason unfair

The Fair Work Commission will inevitably find a dismissal to be ‘unfair’ if, despite having legitimate performance concerns, an employer does not give the employee a ‘fair go’ to both respond to those concerns and improve their performance. For the full article, courtesy of Norton Rose Fulbright, click here.

Why the FWC reinstated employees because their dismissals were unfair and not genuine redundancies?

In the Paul Williams and Ors v Staples Pty Ltd case, “the FWC ordered the applicants be reinstated in light of the available redeployment opportunities, the fact that there was no evidence of any deterioration in the employment relationship and the applicants’ unblemished work records.”

Does a summary dismissal still need to follow a process?

Jim Roberts of Hesketh Henry reminds us in this article that “while some incidents might be so flagrant or reckless and easily evidenced (for example by security footage) that they appear to justify termination on the spot, it is important that the alleged behaviour is properly investigated and a lawful process is carried out.”

Internal investigations: Are employees required to cooperate?

“Employees have a general duty to cooperate in good faith with internal investigations conducted by their employer. Refusal to do so can lead to disciplinary action, including dismissal,” writes DLA Piper in this published article. Read about what steps to take after an employee refuses to cooperate.