It pays to dismiss right and stay fair.
Here is an example of how doing so, can save your business grief….
A forklift driver was sacked after breaking his employer’s “golden rule” of operating a vehicle while a customer was in an exclusion zone. The employee claims he was unfairly dismiss and has taken his case to the Fair Work Commission (FWC)
The Fair Work Commission (FWC), has ruled that his dismissal was unfair.
FWC heard this was the second safety-related incident during the forklift operator’s five years with the company.
The operator had been trained and tested on the rules, and was clearly aware of them.
Acknowledging the company’s efforts to ensure compliance, FWC said it was “abundantly clear” the forklift operator did not conform to requirements. The employees conduct contributed to an “unsafe workplace and placed a person at imminent risk”.
FWC also said ” it appears…that the employer set about to create a heightened awareness of safety in the conduct of its business it must trust that its employees will integrate these procedures, cues and signals into their judgments and daily behaviour in the workplace,”
The employee’s failed to work within the safety guidance. Training had been provided to the employee and hence there was valid reason to dismiss him.
It is crucial to have a valid reason to terminate an employee as well as following the correct process.
In this instance the employer had done the right thing regarding safety compliance. The employee did the wrong thing and the result was validated.
Whether it be OHS or any HR matter, if you would like to check to see you are doing the right thing by your employees, HR Central can help and will help.