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View Full Version : Sometimes (instant) dismissal for cheating an employer can still be unfair



Newshound
06-02-2013, 11:13 AM
If an employer has information that it claims justifies dismissal of an employee and decides to dismiss before giving the employee an opportunity to respond to the information, the dismissal may be found by the Fair Work Commission (FWC) to be unfair. This will particularly be the case if the employee might have produced information that could have warranted a further investigation or even an outcome other than dismissal.

The case of Leimonitis & Hourigan v Qube Logistics (Vic) Pty Ltd ([2013] FWC 3)) concerned 2 night shift drivers summarily dismissed for alleged irregularities in timekeeping.

The FWC made it clear that cheating on time cards is, if proven, a valid reason for dismissal of an employee.

However, the FWC found issues in the way the employer handled the investigation into Leimonitis’ conduct which made his dismissal unfair.

Read more ... (http://www.holdingredlich.com.au/workplace-relations/sometimes-dismissal-for-cheating-an-employer-can-still-be-unfair)