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Fair Work Commission of Australia comes to the rescue of both employers and employees
Posted on: 31 Jan 2013  |   Tags: Fair Work Commission , Immigration to Australia ,

If an employer terminates an employee without giving an opportunity to the employees to respond to the situation and information, the dismissal can be investigated by the Fair Work Commission (FWC) and termed as unfair if it is so. Opulentus AustraliaThe case of Leimonitis & Hourigan v Qube Logistics (Vic) Pty Ltd ([2013] FWC 3)) highlights a similar case where 2 night shift drivers were dismissed for alleged irregularities in timekeeping. FWC investigated and came to know that there were only 3 occasions where Hourigan clocked on for Leimonitis when he was late to work. This provided a valid reason for dismissing both of them, including Leimonitis because he accepted the action and took no action to correct it. Dismissal letter stated that the decision to terminate was based on cheating on regular and systematic basis while the evidence was found only for 3 occasions. Few Things Employers should learn from this case:

  • Have sufficient evidence about the activity for which you are dismissing the employee
  • Don't exaggerate the grounds to the employee.
  • Give an opportunity to the employee to present his/her view on the situation and the reason
  • Provide time to the employee to bring the evidence or information which can protect him/her from dismissal
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