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ARTICLE · 17 APRIL 2012

Unfair dismissal: a bank's higher standards and performance management issues

Two recent decisions in Fair Work Australia shed further light on the court approaches to unfair dismissal cases.

AustraliaEmployment and HR

Two recent decisions in Fair Work Australia shed light on the court's approach to unfair dismissal cases.

In Ropafadzo Tokoda v Westpac Banking Corporation [2012] FWA 1262, FWA upheld Westpac's dismissal of a customer service employee who produced a falsified medical certificate, suggesting that banks are entitled to hold their employees to higher standards of honesty and integrity.

In Frank Moretti v H J Heinz Company Australia Ltd [2012] FWA 1016, FWA ordered the reinstatement of a sales manager who was dismissed for refusing to be performance managed because he feared it was designed to prompt his exit from the company.

Ropafadzo Tokoda v Westpac

Ms Ropafadzo Tokoda (the applicant) was employed by Westpac Banking Corporation (the respondent) from 2 August 2010 until 26 September 2011 and performed the duties of a customer service officer at the bank's Woden branch.

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