Performance not pursuit of workpalce rights real reason for ambo's dismissal

 In a recent decision of the Federal Court of Australia (Short v Ambulance Victoria [2014] FCA 3) (15 January 2014) a claim by a paramedic that he was dismissed because he vigorously exercised his workplace rights by making inquiries and/or complaints about his employment was rejected.

The Court found that the paramedic’s dismissal had nothing to do with the exercise of workplace rights but was clearly due to this man’s behaviour.

The paramedic was on a warning for unacceptable behaviour as a result of the findings of an external inquiry into complaints the paramedic himself had made against management.

 

The Court described the behaviour that precipitated the dismissal as a “dummy spit” and an unprovoked and unreasonable personal attack on a manager.  The case is a reminder to all employers to ensure that warnings of inappropriate behaviour are documented and that the reasons for termination are clearly set out in all contemporaneous documents.  Ambulance Victoria was vindicated in its decision to dismiss this man.

 

This case is a good example of how proper process and procedures being followed will withstand the scrutiny of a Court when challenged.

All employers need to act carefully when dismissing employees and go through proper processes.  In this case the employee’s aggressive behaviour after having been warned was considered by the Court to be beyond pale notwithstanding 12 years of employment.

Philip Brewin
Accredited Workplace Relations Specialist

Anyone seeking advice about workplace laws should contact Nevett Ford Melbourne Lawyers on 03 9614 7111.

 

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