Leagues Club Barman found to have been unfairly dismissed due to procedural flaws in the dismissal process. FWC Deputy President Grayson found that the Club did not provide sufficient particulars to the employee for him to adequately respond to in terms of his alleged misconduct nor was he told that his employment was at risk.
This decision is a reminder that whilst there may be very good grounds for dismissing an employee constituting a valid reason for dismissal, any flaws in the procedural fairness aspects of a dismissal may render it unfair under the Fair Work Act 2009 (Cth).
Get in touch with MKL Legal if you require assistance with managing poor behaviour in the workplace to ensure compliance with the Fair Work Act 2009 (Cth).
Read the full decision here: https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc246.pdf
