The Fair Work Commission (FWC) has found that an employee was unfairly dismissed where the employer failed to provide adequate notice and opportunity to respond to various allegations.
The Applicant claimed the company had no valid reason to dismiss him and the procedure used to terminate was inadequate.
FWC found there was a valid reason for the Applicant’s dismissal.
However it was unfair due to problems with the process and these included:
- only advising of the hearing the day before;
- failing to provide the employee with sufficient information concerning the hearing.
- giving weight to allegations concerning the employee’s past conduct,
Where an employer takes disciplinary action against an employee, the employee must be provided with:
– all relevant information relating to the allegations against them,
– notice of any past conduct that may be relevant;
– sufficient opportunity to respond to those allegations; and
– adequate notice of any hearing.
This decision highlights the importance of good process when taking disciplinary action against employees.
HR Central can help you navigate your way through that process and assist you in a termination of employment case “ tick” all the right boxes.