The Fair Work Commission recently heard a
case where an employer dismissed an employee and then summarily dismissed
him again while the employee was working out his notice period.
Initially, the Employer dismissed the
employee due to his poor performance and failure to meet targets. The employee
was then required to work out his notice period.
Whilst the employee was working out his
notice period, it was discovered that he had emailed numerous documents,
including confidential information, to his personal email account. As a
consequence,...
Tuesday, 26 April 2016
Tuesday, 12 April 2016
Notice would have made dismissal valid
Moskou v Specialist
Diagnostic Services Pty Ltd [2015] FWC 8608 is an example of where summary
dismissal for what occurred was deemed harsh but dismissal with notice would
have been deemed fair. A courier driver,
who was suffering from gastroenteritis, defecated in a client’s carpark and
failed to clean up properly or report the incident to his manager. Commissioner Cribb decided the actions
constituted misconduct but not serious misconduct warranting summary dismissal
and ordered compensation of one week’s pay in lieu of noti...
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