FWA in Perth recently had to decide whether an employer's
failure to notify an employee of specific allegations of sexual
misconduct rendered his dismissal unfair.
In the case of James Pritchard v Timberglen Pty Ltd
T/A Mindarie Marina, the Applicant,
Pritchard, argued that he was denied the opportunity to respond to
allegations against him which ultimately led to his dismissal. The
Respondent claimed that the Applicant had been warned about similar
conduct in the past and that dismissal was necessary to avoid the
risk of them being held vicariously liable for his conduct.
As employers will be well aware, the rules of natural justice
ordinarily require that accusations of misconduct should be put to
the person concerned and they should be allowed the opportunity to
respond. In this case, the Respondent called five female witnesses
at the hearing, who gave evidence of the Applicant's behaviour
towards them.
