Contact Us

Please contact us for further information:

[email protected]

1300 720 004

Testimonials

After participating in the Extended DISC workshop I found that I now have some powerful tools that will help me quickly determine how to best engage another person.

This is especially useful in a networking situation when meeting someone new that communicates and behaves differently to me. Extended DISC is easy to learn and apply and the workshop is a lot of fun.

I highly recommend it for anyone wanting to learn how to better relate to others.

- Phil Schibeci, Phil Schibeci Seminars.

Worker Sacked Via Email

Worker Sacked Via Email

Whilst the Fair Work Commission (FWC)recently found an employee who aggressively verbally abused his manager was validly dismissed for serious misconduct, the employee was still awarded compensation due to the employers’ failure to follow a fair and due process.

The employee who had been employed in this organisation for more than 5 years used as expletive when speaking with the Operations Manager and then hung up when the topic of the employee parking his vehicle in a prohibited space came up in a telephone call.

The employee then resumed an “expletive laden tirade” when the Operations Manager phoned him back before hanging up on him again.

It was determined that the employee’s conduct of aggression and abuse, would be enough to constitute misconduct that was contrary to any continuation of the employment relationship.

However, even the most difficult employees are entitled to natural justice.  In this instance and after the Operations Manager spoke with the Managing Director, the employee was sent an email terminating his employment summarily.

Although there are circumstances that would validate termination via email or text, such as safety concerns or the employee not being available for consultation, this situation did not constitute a reason to not provide the employee with an opportunity to provide response.

Further, as the employee had not read his emails the night prior, he found out about his dismissal when he attended the workplace the following day.  The employer still did not make an attempt to follow a fair process.

The FWC deemed it irrelevant that any type of response would not have changed the decision to terminate the employee’s employment, the fact that the employee was dismissed via email was both inappropriate and unnecessarily harsh and deserving of remedy.

After reducing the remedy by 50% due to the employee’s own conduct, the employee was awarded $1515.

For assistance with due process when managing your employees, please contact us at [email protected] or 1300 720 004.

Information in HR Advice Online guides and blog posts is meant purely for educational discussion of human resources issues. It contains only general information about human resources matters and due to factors such as government legislation changes, may not be up-to-date at the time of reading. It is not legal advice and should not be treated as such.

Welcome to HR Advice Online

To subscribe to our content and download our resource tools, you first need to be a registered user on our site. Please register first and you will be redirected to our Membership Page.

Member Login

Username:
Password:
Forgot Password ?  

Not a member yet? Sign Up!

Australia's Leading Online HR & Safety Advisory Service. 1300 720 004
Privacy Statement     Terms Of Use     Website Powered by SBM     © HR Advice OnLine Pty Ltd