A small business owner has been
fined almost $30,000 for unfairly dismissing an employee.
Acupuncture Australia Pty Ltd
summarily dismissed a sales assistant for allegedly stealing from the business.
The employee had worked for the company for three years when the managing
director began to suspect her of theft. The sales assistant was sacked on the spot
and reported to the police, despite a lack of proof of any crime.
The managing director was unable
to provide any evidence to the Fair Work Commission of theft or fraud against
the business and the police were not proceeding with the matter further.
The Fair Work Commission found
the dismissal was “appalling” and “inexcusable” and ordered the company pay its
former employee $29,000 as compensation.
If you suspect an employee is
committing an offence or act of misconduct, it is important to investigate the
matter properly and in accordance with the Fair Work Act 2009 (Cth).
Even if you are a small business
employer, you must ensure all employees are treated fairly and in line with the
Small Business Code.
An experienced workplace
relations lawyer will be able to explain the step by step process needed to
investigate any allegations of misconduct. Act properly and avoid being
penalised for protecting your business.
