Share on LinkedInShare on LinkedIn

ARTICLE · 01 AUGUST 2020

Workplace massage justifies summary dismissal, says FWC

This was a breach of the employer's contractual terms with one of its biggest clients, which put that contract at risk

AustraliaEmployment and HR
Rohan Burn
Rohan Burn

The Fair Work Commission (the "FWC") has found that a massage justified summary dismissal in circumstances where a small contract cleaning company discovered that its employee had, some five months earlier, agreed to help a school teacher with her back pain.

  1. Legal background

Previous authorities have determined that, in assessing whether a Small Business Employer has complied with the summary dismissal section of the Small Business Fair Dismissal Code, it is necessary to determine:

(a) whether the employer genuinely held a belief that the employee's conduct was sufficiently serious to justify immediate dismissal; and
(b) whether the employer's belief was, objectively speaking, based on reasonable grounds (noting that whether an employer has carried out a reasonable investigation into the matter will be relevant to this part of the assessment).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from