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ARTICLE · 06 NOVEMBER 2016

Stand-down not harsh and unreasonable – Makes sense

The Court considered an arbitrator's determination on the question of "harsh and unreasonable" conduct under the Act.

AustraliaEmployment and HR

WOODSIDE ENERGY LTD V KIERONSKI [2016] WADC 144

In this case, the District Court was considering the determination of an arbitrator on the question of "harsh and unreasonable" under the provisions of the Workers' Compensation and Injury Management Act.

The worker, Catherine Kieronski had been stood down from her position as marketing liaison officer with Woodside, pending an investigation of various allegations relating to her conduct. The allegations involved serious breaches of Woodside's code of conduct, including involvement in an inappropriate relationship with a Chinese customer and providing confidential information to parties external to Woodside.

In August 2013, Ms Kieronski was called to a meeting at which she was informed of the allegations and of the process of investigation which to was to be followed.

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