The Fair Work Commission ("FWC") has
found in favour of an unfair dismissal application by an employee
who was dismissed for conduct reasons, but in its ruling has
confirmed that secret recordings are valid reason for termination
of employment.
Although the dismissal was found to be unreasonable and harsh,
the FWC in Angele Chandler v Bed Bath N' Table [2020]
FWC 3706 found that reinstatement would be inappropriate given that
the employee's secret recordings are valid reason for
termination, notwithstanding that the employer was not aware at the
time.
Background
The Applicant was a casual sales assistant employed on a regular
and systematic basis who had been terminated because of three
allegations of misconduct relating to her non compliance with a
policy and alleged behaviour towards her regional manager.
