Bullying; Harassment; Sexual harassment; Workplace investigations; Unfair dismissal
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.
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.”
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.”
“Is swearing ever appropriate in the workplace?” asks Simon Billing of Corrs Chambers Westgarth in this excellently detailed article. “Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.” Read more about these specific cases here and each outcome.
The MDC Legal team remind employees and employers alike, that “there are strict time limits for making an unfair dismissal claim. An employee has 21 days from the date of dismissal to make a claim under the national system and 28 days under the [WA] state system.”
“An ill employee who altered a medical certificate in order to facilitate a RTW was found to have engaged in misconduct, constituting a valid reason for summary dismissal”, writes Mark Curran of Kaden Boriss. “Further, such summary dismissal was not harsh, unjust or unreasonable…”
Derogatory comments on social media can be a valid reason to terminate an employee’s employment, but a fair process must still be followed to avoid an unfair dismissal ruling. Allens’ Senior Associate Tristan Garcia and Lawyer Jo Seto report on a recent decision of the FWC.
“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.
Nathan Luke reminds us that “if you have certain expectations of your employees regarding appearance, you should have a clear, written policy setting out the relevant rules. This policy should be clearly articulated to employees before they accept the job.” Read more here.
The FWC has ordered the reinstatement of an employee dismissed for inappropriate and unsafe workplace behaviour, despite the employer having a valid reason for the dismissal and following a fair procedure. Allens’ Law Graduate David Hunt and Partner Simon Dewberry report.