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IR Update: Employer’s termination of latecomer commendable

February 29, 2016

In the recent case of Rooney v Pickles Auctions [2016] FWC 858 (9 February 2016), an employer has been commended for his efforts in following due termination process. The National Retail Association consistently reminds its members of the equal weight given to a valid reason for termination as well as ensuring proper process is followed when terminating the employment of a worker.

A motor vehicle detailer was terminated when he arrived one hour late for work, having allegedly slept through his alarm. The employee had previously received six written warnings for similar behaviour and multiple verbal warnings.

A formal meeting was called with the employee at 2:30pm that afternoon. The employee was afforded an opportunity to respond, following which the employer advised the employee that his employment was in jeopardy. The meeting was adjourned so that management personnel could be consulted, as well as to allow for review of his responses, work history and previous indiscretions.

The meeting was subsequently reconvened and the employee was advised that his employment was to be terminated. All entitlements due were paid to the employee including four weeks’ notice.

Despite the employee alleging that he had been unfairly dismissed, Commissioner Ian Cambridge said that the evidence warranted his dismissal and described the employer’s processes as “measured and considered” and “commendable”. Further, the history of warnings and a failure to improve his behaviour was considered.

Employers can take note that they are in a position of power to manage employees accordingly when their behaviour does not meet expectations. If you are unsure about how to correctly manage your staff, you can contact the NRA on 1800 RETAIL (738 245).

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