Recent decisions of the Fair Work Commission (FWC) have placed substantial emphasis on the process followed by the employer before dismissing an employee. A valid reason is only part of the equation, as the FWC assesses unfair dismissal claims based on whether a fair and thorough process was followed.
In one case we summarise in this article, an employee assaulted and injured a severely disabled child under his care. The employee successfully challenged his dismissal because the employer failed to follow part of its own policies to allow him an internal review (a process which would have been unlikely to change the outcome).
Requiring a fair process as well as a valid reason is not new - it has always been required under unfair dismissal law. But as the Albanese Government 'rebalances' the FWC, we are seeing a hard line taken against employers that follow an imperfect process.
Business owners may struggle with the lawful dismissal of an employee, but the employment law team at Pragma Lawyers and workplace relations consultants at Norfolk Workplace Consulting can help. If you aren't sure what steps to take before dismissing an employee, or are going through the process for the first time, you'd be wise to seek advice.
Continue reading: https://pragma.law/2023/05/12/dismissing-employees-process-process-process/
By Elizabeth McLean
