Recent decisions by the Fair Work Commission have emphasised the need to afford employees procedural fairness throughout the termination process, even where there is clear and compelling evidence of serious misconduct. The below three cases, decided in June and July 2018, serve as a reminder to employers that despite having a valid reason for dismissal,…
Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop
Published 29 July 2018 Sexual harassment in the workplace is currently a prevalent topic. The #MeToo campaign and the Human Rights Commission launch of a year-long harassment inquiry has brought harassment onto the centre stage. A recent case in the Fair Work Commission, Colin Ramon Reguero-Puente v City of Rockingham, considered the misconduct of an…
Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee’s capacity to work
Published 26 July 2018 In a recent case, CSL Limited T/A CSL Behring v Chris Papaioannou, the Fair Work Commission Full Bench found that giving the final say to employers about an employee’s capacity to work when there was conflicting medical evidence was “plainly wrong”. The decision by the Full Bench came out of an…
No Win, No Fee: The seven must-ask questions for Employee litigants
With the growing proliferation of ‘no win no fee’ and contingency based employment litigation agents, it’s easy to presume that this as a positive move for ‘access to justice’ for employees. But sadly, an undercurrent within this trend is having the opposite effect.
How to dismiss an employee – The seven key steps
Published 24 July 2018 Terminating someone’s employment can be a challenging task for business owners and managers. A dismissal of an employee is not only personally difficult, but it can create potential legal implications if not done correctly. In our experience, one of the major concerns for employers is the prospect of litigation following an…
Why method of dismissal needs to be reviewed by the Commission
According to a recent case of Ms Anita Cachia v Scobel Pty Ltd (2018) FWC 2648, the Fair Work Commission confirmed that employees should only be dismissed by phone, text or email in “rare circumstances”.