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, he was summarily dismissed, which meant he did not have to work out the remainder of his notice.
The Commission found that a business can only dismiss an employee once. As the employee had already been dismissed, the employer could not justify summary dismissal based on the actions of the employee after termination.
Despite the fact that the actions of the employee after termination contravened the Privacy Act, the business failed to dismiss the employee in accordance with the Fair Work Act 2009 (Cth).
Although the Commission took into consideration the employee's conduct after termination in its decision, it determined that the employee was owed financial compensation for his unfair dismissal.
To protect your business and insure yourself against avoidable unfair dismissal claims, speak to one of Nevett Ford’s workplace relations team members on (03) 9614 7111 about the right way to terminate an employee for misconduct and serious misconduct.
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, he was summarily dismissed, which meant he did not have to work out the remainder of his notice.
The Commission found that a business can only dismiss an employee once. As the employee had already been dismissed, the employer could not justify summary dismissal based on the actions of the employee after termination.
Despite the fact that the actions of the employee after termination contravened the Privacy Act, the business failed to dismiss the employee in accordance with the Fair Work Act 2009 (Cth).
Although the Commission took into consideration the employee's conduct after termination in its decision, it determined that the employee was owed financial compensation for his unfair dismissal.
To protect your business and insure yourself against avoidable unfair dismissal claims, speak to one of Nevett Ford’s workplace relations team members on (03) 9614 7111 about the right way to terminate an employee for misconduct and serious misconduct.
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