ARTICLE · 29 MARCH 2016

Flimsy evidence for employee dismissal

National Retail Association

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This case of unfair dismissal highlights the importance of reliable and conclusive evidence and of procedural fairness.

AustraliaEmployment and HR

This case is a timely reminder that in order to rely on video footage it must be conclusive. It is simply not enough to have something on camera that is unclear.

In Mulhall v Direct Freight (Qld) Pty Ltd [2016] FWC 58 the FWC held that an employer's decision to sack a truck driver for serious misconduct was based on "flimsy" evidence and ordered the employer to pay over $25,000 in compensation to the driver.

The truck driver was alleged to have stolen a package containing a laptop computer which should have been delivered to Harvey Norman in March 2015.

The employer relied upon CCTV footage to come to the conclusion that the driver stole the package. However, despite the driver's requests to view the footage, it was not shown to him at either disciplinary meeting.

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