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ARTICLE · 21 DECEMBER 2020

Workplace investigations require thorough examination and care

Holding Redlich
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Where employers have limited investigative experience, skilled advice could minimise expenses and reputational damage.

AustraliaEmployment and HR
Andrew Knott
Andrew Knott
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On 27 October 2020, Deputy President Saunders of the Fair Work Commission held that the termination of an employee, Mr Hatch, of WesTrac Pty Ltd (a Caterpillar equipment dealer) was harsh, unjust and unreasonable.

Reinstatement was not ordered but a compensation exceeding $28,000 was ordered.

The case

Mr Hatch was dismissed “because WesTrac believed that he had an intent to steal from the workplace” some metal struts. Mr Hatch denied having had that intention.

The principal issue

The Deputy President stated that he was required to consider whether WesTrac had proved that Mr Hatch had an intent to steal. In doing so, he was required to take into account the seriousness of the allegation and the gravity of the consequences that could follow if the allegation were to be accepted.

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This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

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