Posts: Valid Reason

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Valid Reason

Commission upholds dismissal of underperforming employee

Quality over quantity

Managing an underperforming employee can often be a complex task, particularly in circumstances where the employee has shown signs of improvement, but their overall quality of work continues to fall below the minimum expectations.

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Employee’s lack of regard for safety constituted valid reason for dismissal

I might say something stupid

In workplaces where machinery is operated, it is important that the highest level of safety is adhered to. In Bunce v Pmfresh Pty Ltd [2024] FWC 1577, the Fair Work Commission has recently held that an employee’s admitted drug use and poor regard for forklift safety were valid reasons for dismissal.

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Commission finds inappropriate social media use formed valid reason for dismissal

Message delivered

A recent decision of the Fair Work Commission has confirmed that an employee’s inappropriate use of social media group chats may form a valid reason for dismissal, particularly when matters relating to work are discussed.

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Employee’s exaggerated complaints created psychosocial risk

False alarm

Employers have work health and safety obligations to eliminate or minimise psychosocial risks in the workplace so far as is reasonably practicable. These risks arise from psychosocial hazards including conflict or poor workplace relationships.

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Demotions and the unfair dismissal provisions of the Fair Work Act

Ch-ch-ch-ch-changes

When considering changes to an employee’s employment, employers need to be mindful that significant reductions in remuneration or duties may constitute a “dismissal” under the Fair Work Act 2009 (Cth).

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Employee’s failure to disclose medical condition warranted dismissal

Medical conditions, honesty and the employment relationship

In a recent unfair dismissal decision, the Fair Work Commission has issued a reminder about the importance of honesty and candour in an employment relationship – particularly when it comes to determining an employee’s fitness for work.

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Employer’s “extraordinary lengths” to accommodate injured worker renders dismissal fair

To move heaven and earth

If an employee is unable to meet the inherent requirements of their role due to illness or injury, it may be lawful for an employer to terminate their employment on the grounds of incapacity.

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Existence of zero-tolerance policy not enough to warrant dismissal

Ground zero

It is not uncommon for employers to state that they have a “zero-tolerance” policy about breaches of certain workplace policies and procedures – particularly when it comes to compliance with work health and safety obligations.

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Employer dismisses long standing employee for breaching drug policy

Organic panic

Although circumstances may be unique to each case, generally, workplace policies will provide employers with grounds for termination when a significant breach has occurred.

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Bullying allegations used as a tactic to direct attention away from an employee’s misconduct

Bullying tactics

It is not uncommon for employees to raise allegations against Employers in order to divert attention away from, or attempt to excuse their own misconduct.

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Commission finds employee’s out-of-hours conduct at social gathering to be a valid reason for dismissal

Nothing good comes after Sundowner

The physical return-to-work happening at many workplaces will also see the return of work-related events in an effort to reacquaint employees after a string of lockdowns and stay at home orders.

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FWC highlights the importance of a social media policy to safeguard employers’ reputations

An unwanted footprint

Employees have a duty to ensure that their out of hours conduct (including social media posts) is not contrary to the obligations they owe to their employer. Further employees should also ensure that out of hours conduct is not in breach of workplace policies or damaging to the reputation of their employer.

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