Dear Reader,
“You dribble sh*t. You always dribble fu**ing sh*t.”
This was part of a tirade directed at the managing director of a Tasmanian waste management company recently by one of his drivers.
Not surprisingly, the MD terminated the driver’s employment.
However, in the ensuing unfair dismissal case, the Fair Work Commission found that the employee’s conduct was not sufficient cause for termination.
And the driver is now seeking compensation!
It seems the FWC reached this conclusion based on the fact that:
- No third party observed the discussion – therefore the conversation did not undermine the MD’s authority in the workplace;
- The employee was angry at the time he said those things;
- The employee did not have the opportunity to explain his conduct as the MD did not meet with the employee prior to dismissing him; and
- Workplaces are more robust today in relation to swearing than they were in the past.
This case illustrates that when you are confronted by employee misconduct there is a specific disciplinary process you should follow.
It details when you can dismiss an employee for misconduct, how to investigate a claim of misconduct and how to determine what constitutes serious misconduct.
The 77-page resource also provides 12 legally drafted letter templates that you can download, edit and use when disciplining an employee.
Although dismissing an employee for unacceptable behaviour may sometimes seem like the logical response, you need to be careful not to jump the gun.
Kind regards,
Pippa McKee
Publisher, Portner Press Pty Ltd | 
