Inappropriate behaviour of staff and supervisors against company
direction and policy is increasingly likely to result in dismissal
for serious misconduct.
The Fair Work Act 2009 regulates applications for unfair
dismissal remedies, where dismissed persons may apply to the Fair
Work Commission to order a remedy for unfair dismissal.
In order for the dismissal to be considered unfair, the
Commission must be satisfied that the decision was harsh, unjust or
unreasonable, and further consider whether there existed a valid
reason for dismissal – in relation to the person's
capacity or conduct.
In a recent matter, a supervisor employed by Omnigrip Direct Pty
Ltd was dismissed for serious misconduct. The employer alleged that
he disobeyed company policy, and lawful and reasonable directions,
when he allowed members of his team (and himself personally) to
consume alcohol at a celebratory lunch.
