In the words of the Fair Work Commission, the sacked HR Manager “should have known better”.
As a senior manager, in a position of trust, the employer’s HR Manager clearly engaged in serious misconduct and effectively repudiated her employment contract by instructing an employee to not provide visiting board members with requested information. Her request was viewed as akin to encouraging the employee to act in a dishonest and misleading way.
Thankfully for the employer, its workplace investigation was effective, rendering her dismissal as neither harsh, unjust or unreasonable.
Understandably, an employee with no notification of the reason for their dismissal and no prior warnings will have strong grounds for a successful unfair dismissal hearing.
However while deciding to terminate a worker’s employment on the grounds of poor performance may sound simple enough, a surprising number of employers continue to get it wrong, with stressful and costly consequences.
Discover how one employer got it so wrong, and how you should avoid potentially business crippling payouts…
Imagine you are the director of a company investigating serious breaches of your company’s intellectual property rights. During your investigation you are accused of being “dishonest”, making notes that were “not truthful” and risking the “very survival” of your company.
Luckily this workplace investigator had the courage of his convictions and his workplace investigation was sufficient for the Commission to find in his favour and not overturn the summary dismissal of the miscreant employee.
Find out what the employer did right, and what it means for your next workplace investigation…