A recent case in the Fair Work Commission has awarded $30,000 in penalties for an unfair dismissal to worker who was terminated after she dumped $200,000 worth of gold in the bin.
In finding the dismissal unfair Deputy President Binet noted that the worker was one of a chain of employees that made errors that led to the loss of the gold, but that the worker that was terminated was the most junior and the only one that was dismissed.
While the employer argued the loss of stock was a valid reason for the dismissal DP Binet disagreed and noted that the dismissal lacked the required elements of procedural fairness in relying on other elements in making the decision to terminate the employee, reasons that were not communicated to her at the time.
Learnings for all businesses
“All employers should ensure they clearly understand the required elements of procedurally fair performance management an the implications of unfair dismissal claims in order to avoid such serious outcomes”, explains ACAPMAs Elisha Radwanowski.
ACAPMAs Performance Management Series
- Part 1 – https://acapmag.com.au/2021/11/mini-masterclass-performance-management-part-1/
- Part 2 – https://acapmag.com.au/2021/11/mini-masterclass-performance-management-part-2/
- Part 3 – https://acapmag.com.au/2021/11/mini-masterclass-performance-management-part-3/
- Part 4 – https://acapmag.com.au/2021/11/mini-masterclass-performance-management-part-4/
ACAPMAs Unfair Dismissal Series
- Part 1: What is Unfair Dismissal? – https://acapmag.com.au/2024/03/what-is-an-unfair-dismissal/
- Part 2: Claim Received, What Now? – https://acapmag.com.au/2024/04/unfair-dismissal-claim-received-now-what/
- Part 3: Unfair Dismissal Conference – How does it work – https://acapmag.com.au/2024/04/53245/
- Part 4: After the Conference, What Now? – https://acapmag.com.au/2024/04/what-happens-after-an-unfair-dismissal-conciliation-conference/
- Part 5: Preparing for a Hearing – https://acapmag.com.au/2024/05/unfair-dismissal-hearing-at-the-commission-what-to-prepare-and-expect/
- Part 6: Outcomes and Payments –https://acapmag.com.au/2024/05/unfair-dismissal-outcomes-stats-and-myths/
Here to Help
ACAPMA members are reminded that ACAPMA has a series of resources from Quick Reference Guides to template letters and investigation and reporting checklists that can assist with ensuring compliant and consistent responses in this area, and can call on the advice and support of the ACAPMA Employment Professionals via employment@acapma.com.au .
HR Highlights are things to consider, implement and watch out for in your business.
They are provided as general advice and you should seek further advice on your situation by emailing employment@acapma.com.au it’s free for members.
ACAPMA Membership is affordable at only $860 per year for a single site and valuable with sites gaining HR advice support and representation as well as a raft of other benefits and discounts. Click here to learn more about ACAPMA Membership.
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