Termination Employer Following Procedure

Termination Employer Following Procedure

We see a lot of examples where employers do the wrong thing, so it’s nice to balance this out with a recent case where Employers followed all the right steps and had the right result.

In this case an applicant dismissed for removing confidential documents from workplace.

This Fair Work Commission found the applicant did in fact remove the documents and was clearly aware she was not permitted. It also acknowledged the employer followed the proper steps.

What was critical was what the employer did along the way which was as follows;

• It asked repeatedly but courteously for the documents
• The employee dishonestly denied that she possessed them – after further request they provided the documents
• Then the employer arrange a meeting with the employee & set out the concerns they had i.e. applicant notified of potential reason for dismissal i.e. taking the confidential documents and the dishonest response’s
• Then the employer gave an opportunity to for the employee to respond to why they did this
• The employee also allowed a support person to sit in during the discussions
• It then took time (not 5 minutes but a lengthy period ) to consider all the facts before deciding to terminate

Summary – If the employer had overlooked a step along the way or had rushed to judgment – there would be increased risk that the termination would have been considered unfair. This does show when you follow all the right steps, as found on our HR Central website, you are able to have your termination found to be within the law.

Michael O'Shaughnessy

Michael is a specialist in all things HR. With vast HR experience in the USA and Australia, Michael brings a wealth of knowledge and advice to HR Central. When he's not blogging for HR Central you can find him out for dinner in one of Melbourne's newest restaurants.

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