Posts: unreasonable

It is important that employers carefully consider and weigh any mitigating factors when undertaking disciplinary processes. A fair and balanced approach ensures that behavioural risks in the workplace are managed effectively without losing sight of the broader context in which the behaviour occurred.

It is best practice for employers to ensure that their policies and procedures are properly communicated and understood by employees, especially in circumstances where the policy relates to important topics such as the health and safety of employees.

An employer’s past job advertisements, which stated a preference for “Asian staff”, have been used by the Fair Work Commission (FWC) to support its finding that an employee was dismissed because she was not of Chinese descent.