A Fair Work Commission has determined a company had a valid reason for sacking its Sales Manager for (1) poor sales figures and (2) post-employment discovery of pornographic images on his mobile phone. However, as we read so often “substantial” procedural deficiencies made it unfair.
These included:
– No documented warnings about the employee’s performance
– No opportunity to improve
– No opportunity for the employee to defend themselves
– Summoned to a meeting & not told why
Outcome: So a clear and good reason to terminate but employer was forced to pay compensation ($$$) to this employee, all because they didn’t follow a procedure fairly.
Lesson: For dealing with employee performance – all is well documented within the HR Resources section of HR Central.
In addition there is the access to our in-house HR Specialist to talk you through the process and help mitigate any costs, distractions and impact on business.