Conduct

The Fairwork Committee will not decide what to do if the committee is in an employer, taking an employee's perspective. The problem that the committee should handle is whether there was a legitimate reason for dismissal. [3]

A sufficient survey does not test whether the employer believed that the employer had committed the act on a reasonable basis. [4] The committee must certify whether or not the act was based on the evidence in front of him.

Inconvenienced treatments by other employees in the workplace for the same acts are relevant issues.

Employees' dishonest acts can be fraudulent and can be a legitimate reason for dismissal. However, dishonest acts do not automatically make employee firing unreasonable. [8]

A single foolish and illegal act does not always justify the omission of dismissal in a specific case.

It is a legitimate reason for dismissal that employees do not obey the employees' legal and reasonable instructions.

Serious misconduct

Fair work rules 1. 07 define serious illegal activities. Serious illegal activities are intentional or intentional, contradicting the continuation of employment contracts. [13] The act of serious and imminent dangers of human health and safety, employer's business reputation, execution, and profitability.

Serious illegal acts include theft, fraud, assault, sexual harassment, drunkenness during work, and rejection of legal and reasonable instructions that match employment contracts.

If a serious delinquency is filed, the test of the justifiable reason for dismissal will not change. The legitimate reason for dismissal is that there is no need for an act equivalent to the denial of the employment contract. [16]

If an employee was dismissed (simply fired) without notice due to a serious illegal act, the committee was dismissed because it was an unprecedented response to simple dismissal despite the legitimate reason for the dismissal. It can be recognized as harsh [17].

If that act includes serious illegal activities, the principles established in BriginShaw V Briginshaw [18] may be related: < SPAN> Fairwork Committee is an employer, and the committee is the committee. There is no deciding what to do if you are an employer [2]. The problem that the committee should handle is whether there was a legitimate reason for dismissal. [3]

A sufficient survey does not test whether the employer believed that the employer had committed the act on a reasonable basis. [4] The committee must certify whether or not the act was based on the evidence in front of him.

Inconvenienced treatments by other employees in the workplace for the same acts are relevant issues.

Out of hours conduct

Employees' dishonest acts can be fraudulent and can be a legitimate reason for dismissal. However, dishonest acts do not automatically make employee firing unreasonable. [8]

A single foolish and illegal act does not always justify the omission of dismissal in a specific case.

It is a legitimate reason for dismissal that employees do not obey the employees' legal and reasonable instructions.

• Fair work rules 1. 07 define serious illegal activities. Serious illegal activities are intentional or intentional, contradicting the continuation of employment contracts. [13] The act of serious and imminent dangers of human health and safety, employer's business reputation, execution, and profitability.
• Serious illegal acts include theft, fraud, assault, sexual harassment, drunkenness during work, and rejection of legal and reasonable instructions that match employment contracts.
• If a serious delinquency is filed, the test of the justifiable reason for dismissal will not change. The legitimate reason for dismissal is that there is no need for an act equivalent to the denial of the employment contract. [16]

If an employee was dismissed (simply fired) without notice due to a serious illegal act, the committee was dismissed because it was an unprecedented response to simple dismissal despite the legitimate reason for the dismissal. It can be recognized as harsh [17].

If that act includes serious illegal activities, the principles established in BriginShaw V Briginshaw [18] may be related: Fairwork Committee is an employee, and the committee is an employee. There is no deciding what to do if you are in a position [2]. The problem that the committee should handle is whether there was a legitimate reason for dismissal. [3]

A sufficient survey does not test whether the employer believed that the employer had committed the act on a reasonable basis. [4] The committee must certify whether or not the act was based on the evidence in front of him.

Fighting or assault

Inconvenienced treatments by other employees in the workplace for the same acts are relevant issues.

Employees' dishonest acts can be fraudulent and can be a legitimate reason for dismissal. However, dishonest acts do not automatically make employee firing unreasonable. [8]

• A single foolish and illegal act does not always justify the omission of dismissal in a specific case.
• It is a legitimate reason for dismissal that employees do not obey the employees' legal and reasonable instructions.
• Fair work rules 1. 07 define serious illegal activities. Serious illegal activities are intentional or intentional, contradicting the continuation of employment contracts. [13] The act of serious and imminent dangers of human health and safety, employer's business reputation, execution, and profitability.

Serious illegal acts include theft, fraud, assault, sexual harassment, drunkenness during work, and rejection of legal and reasonable instructions that meet employment contracts.

Effect on the safety and welfare of other employees

If a serious delinquency is filed, the test of the justifiable reason for dismissal will not change. The legitimate reason for dismissal is that there is no need for an act equivalent to the denial of the employment contract. [16]

If an employee was dismissed (simply fired) without notice due to a serious illegal act, the committee was fired because it was an inexplicable response to simple dismissal despite the legitimate reason for the dismissal. It can be recognized as harsh [17].

If that act includes serious illegal activities, the principles established in BriginShaw v Briginshaw [18] may be related:

Although the proof criterion is still a balance of probability, "the nature of the issue inevitably affects the process of achieving reasonable satisfaction" [19], and such satisfaction is "inaccurate. It should not be obtained by proof, unclear testimony, indirect inference, "and" should not be obtained by elongated, vague proof, or fingered fingers in a positive conclusion. "

• The principle of the Brigin show does not raise the standard of proof beyond the equilibrium. The strength of the evidence required to prove the facts in the equilibrium of the lid is "depending on the nature of the content to prove." [22]
• It is only in exceptional situations that the employer has the right to add some supervision to the employee's private activities.
• Overtime acts must be related to employment relationships.
• The Rose v Telstra case [25] examines the related rules related to time external and summarizes as follows:
• Objectively, it must be an act that is likely to cause serious damage to the relationship between employees and employees.

Breach of company policy

It is an act that impairs the interests of the employer.

The act is not compatible with the obligations of employees as employees. "

In the case of an act outside of working hours, the employer is not enough to claim that the act will affect the employer's reputation in some way or to impair the employee's duties. Evidence materials that can be certified are required [27].

Loss of trust and confidence

No n-operations involved in criminal crimes do not justify the dismissal. [28] Nevertheless, it must be relevant between criminal acts and employment of employees.

Case examples

Valid reason due to conduct

Poor attitude and behaviour

However, if the employee was convicted of a serious crime and was not able to go to work for a considerable period of time due to imprisonment, the hiring agreement may be terminated due to the operation of the law due to frustration.

Generally, if there is no room for emotion, dismissal due to struggle is not considered harsh, unreasonable, or irrational.

Various conduct issues – lateness, not wearing personal protective equipment

There is room for excuses as follows:

A situation where a quarrel has occurred, such as whether the dismissed employee was provoked or acted in legitimate defense

Recklessness and carelessness in causing forklift accident

The

[32]

Authorities have clarified that the committee must take into account all the situation surrounding the incident, not just prove who the perpetrators were. [33]

Social media – Facebook

If employees' acts or abilities affect the safety and welfare of other employees, the committee can recognize this as a legitimate reason for dismissal.

Drinking alcohol while on lunch break

[35] When dealing with violation of occupational safety and health (OHS), which is equivalent to a serious illegal act, (defining serious illegal acts) Fair Labor Rules 1. 07.

The types of related acts must be not only intentional, malicious, or intentional acts, but also acts to expose other employees in the workplace. [36]

Drinking alcohol while on lunch break

The committee can consider the following issues when determining whether there was a violation of safety:

Violation/ seriousness of accidents

Company policy that stipulates safety procedures and results for violations

Dishonesty in disciplinary interview

Related OHS training by employer

Did the accident / violation a monotonal or recurrent?

Is the employee a supervisor and is expected to show a model? [37]

Transmission of pornographic emails

The substantial and intentional violation of the policy is often a legitimate reason for dismissal, even if not normal.

However, the certification that employees did not follow the policies or procedures do not mean that they were harsh, unreasonable, and unreasonable. All situations must be considered in each case.

Dishonesty – co-worker stealing

If an employer has a wide range of policy violations without responding, this is a serious decision that fires are legitimate, harsh, unreasonable or irrational. [40]

Losing the trust and trust in the employee's ability to perform duties alone is not enough to judge that employees have a legitimate reason for dismissal. [41] Sufficient evidence and reasons to support trust and trust.

The employer was fired because of the poor attitude towards employee team members, customers, and bosses.

Breach of policy – dress code

It was found that the dismissal of employees had a legitimate reason. < SPAN> Whether or not the employee was a supervisory job. [32]

Authorities have clarified that the committee must take into account all the situation surrounding the incident, not just prove who the perpetrators were. [33]

If employees' acts or abilities affect the safety and welfare of other employees, the committee can recognize this as a legitimate reason for dismissal.

Breach of policy – gambling

[35] When dealing with violation of occupational safety and health (OHS), which is equivalent to a serious illegal act, (defining serious illegal acts) Fair Labor Rules 1. 07.

The types of related acts must be not only intentional, malicious, or intentional acts, but also acts to expose other employees in the workplace. [36]

The committee can consider the following issues when determining whether there was a violation of safety:

Serious safety breach – forklift

Violation/ seriousness of accidents

Company policy that stipulates safety procedures and results for violations

Serious safety breach – rail

Related OHS training by employer

Did the accident / violation a monotonal or recurrent?

Improper use of work information

Is the employee a supervisor and is expected to show a model? [37]

The substantial and intentional violation of the policy is often a legitimate reason for dismissal, even if not normal.

Fighting/assault

However, the certification that employees did not follow the policies or procedures do not mean that they were harsh, unreasonable, and unreasonable. All situations must be considered in each case.

Breach of policy – offensive email

If an employer has a wide range of policy violations without responding, this is a serious decision that fires are legitimate, harsh, unreasonable or irrational. [40]

Losing the trust and trust in the employee's ability to perform duties alone is not enough to judge that employees have a legitimate reason for dismissal. [41] Sufficient evidence and reasons to support trust and trust.

The employer was fired because of the poor attitude towards employee team members, customers, and bosses.

Failure to follow lawful and reasonable directions

It was found that the dismissal of employees had a legitimate reason. [32]

Authorities have clarified that the committee must take into account all the situation surrounding the incident, not just prove who the perpetrators were. [33]

If employees' acts or abilities affect the safety and welfare of other employees, the committee can recognize this as a legitimate reason for dismissal.

Employee conflict

[35] When dealing with violation of occupational safety and health (OHS), which is equivalent to a serious illegal act, (defining serious illegal acts) Fair Labor Rules 1. 07.

The types of related acts must be not only intentional, malicious, or intentional acts, but also acts to expose other employees in the workplace. [36]

NOT a valid reason due to conduct

Failing to comply with restricted duties

The committee can consider the following issues when determining whether there was a violation of safety:

Violation/ seriousness of accidents

Swearing/bad language

Company policy that stipulates safety procedures and results for violations

Related OHS training by employer

Failing to report other employee's dishonesty

Did the accident / violation a monotonal or recurrent?

Is the employee a supervisor and is expected to show a model? [37]

Fighting/assault

The substantial and intentional violation of the policy is often a legitimate reason for dismissal, even if not normal.

However, the certification that employees did not follow the policies or procedures do not mean that they were harsh, unreasonable, and unreasonable. All situations must be considered in each case.

Shortcomings in reporting an injured patient

If an employer has a wide range of policy violations without responding, this is a serious decision that fires are legitimate, harsh, unreasonable or irrational. [40]

Losing the trust and trust in the employee's ability to perform duties alone is not enough to judge that employees have a legitimate reason for dismissal. [41] Sufficient evidence and reasons to support trust and trust.

Allegations of misappropriation and fraud

The employer was fired because of the poor attitude towards employee team members, customers, and bosses.

It was found that the dismissal of employees had a legitimate reason.

Alleged failure to follow employer's lawful and reasonable direction

The employee had a long history of performance and behavioural issues including absenteeism, failure to comply with OHS and other company policies, and lateness. The employer had given multiple warnings and undertaken several counselling sessions.

The employee's misconduct was found to be a valid reason for dismissal.

IGA Distribution (Vic) Pty Ltd v Nguyen [2011] FWAFB 4070 (Boulton J, O'Callaghan SDP, Ryan C, 9 September 2011), [2011) 212 IR 141].

Criminal matters – theft of alcohol

The employee was dismissed for colliding a forklift with another forklift. It was found that there was valid reason for dismissal given the seriousness of the conduct and the potential health and safety risks that the accident posed.

Note: However, regardless of the finding of valid reason for dismissal, the dismissal was found to be harsh and unjust because the employer was wrong to accuse the employee of deliberately causing the accident.

Employer used illegally obtained evidence to support allegation of theft

The employee made negative and threatening comments about a colleague on Facebook. The Commission found that threatening other employees is a serious matter and has no place in any workplace. The manner of the threat and the words used were sufficient reason for the respondent to dismiss the applicant for gross misconduct.

Selak v. Woolworths Limited [2008] AIRCFB 81 (Watson VP, Cartwright SDP, Foggo C, 8 February 2008), [(2008) 171 IR 267].

Refusal to follow company policy

A store manager was dismissed for drinking two beers at lunchtime. The employer had a clear policy prohibiting drinking alcohol during working hours. This was held to be a valid reason for dismissal.

PR936856 (AIRCFB, Harrison SDP, Ives DP, Bacon C, 27 August 2003), [(2003) 126 IR 461] dismissed on appeal.

An employee was dismissed after it was discovered he had been drinking alcohol at lunchtime. The breach of policy was held to be a valid reason for dismissal.

However, taking into account recent policy changes, inconsistent enforcement of the policy and the employee's length of service, the dismissal was held to be harsh in all the circumstances.

Loss of trust and confidence

Streeter v. Telstra Corporation Limited [2008] AIRCFB 15 (Acton SDP, Cartwright SDP, Larkin C, 24 January 2008), [(2008) 170 IR 1].

The employee engaged in sexual intercourse in a hotel room in front of a colleague. The colleague complained to her employer about her behaviour. After several interviews, the employee admitted to such behaviour. On appeal, the Full Court held by majority that the employee's dishonest behaviour during the investigation amounted to a valid reason for dismissal.

The Full Court found that Telstra's investigation was reasonable because the employee's behaviour was disruptive to work and could potentially disrupt her work in the future. It also found that the questions Telstra asked the employee were reasonable in the circumstances. The Full Court found that the employee needed to be honest with Telstra during the investigation, despite the essentially personal nature of her activities, so that Telstra could determine and take appropriate action to deal with the difficulties. The employee's dishonesty during the investigation meant that Telstra could not be confident that she would remain honest in the future. The trust between Telstra and the employee was therefore destroyed.

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The employee violated company policy by accessing pornography through her work email account. This was found to be a valid reason for dismissal.

Note: The dismissal was ultimately found to be harsh, unjust and unreasonable due to a lack of procedural fairness in the dismissal process.

Woodman v The Hoyts Corporation Pty Ltd, PR906309 (AIRCFB, Giudice J, Watson SDP, Grainger C, 11 July 2001), [(2001) 107 IR 172].

The employee was dismissed for allowing a colleague to remove items from a candy bar without paying for them, and then lying to management when questioned about the incident. Regardless of the scale of the theft, the fact that he covered it up was found to amount to gross misconduct and to be a valid reason for dismissal.

Note: The dismissal was ultimately found to be harsh due to flaws in the dismissal process.

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Note: The dismissal was ultimately found to be harsh, unjust and unreasonable due to a lack of procedural fairness in the dismissal process.

An employee was dismissed from his employment as a butcher because he refused to remove his eyebrow ring while at work.

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Note: The dismissal was ultimately found to be harsh, unjust and unreasonable due to a lack of procedural fairness in the dismissal process.

PR928970 (AIRCFB, Giudice J, Lawler VP, Foggo C, 19 March 2003), [(2003) 124 IR 217].

An employee, who was a manager in a casino, was dismissed for gross misconduct for placing bets on the TAB within the casino premises. It was found that there was a just cause for the dismissal.

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Note: Although it was found that there was a just cause for the dismissal, it was held to be harsh in all the circumstances.

Parmalat Food Products Pty Ltd v Wililo [2011] FWAFB 1166 (Watson VP, Sams DP, Asbury C, 2 March 2011), [2011) 207 IR 243].

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An employee was dismissed for breaching health and safety policies when he placed his arm, head and torso under an unstable load with a forklift. This was held to be a just cause for dismissal.

An employee was dismissed for a health and safety breach when a rail car on which she was working rolled into a work area. The employee’s conduct was held to have endangered or likely to endanger other employees in the workplace and was therefore a valid reason for dismissal.

Note: The reasons for dismissal in the notice of dismissal and disciplinary meeting were unclear and ineffective and therefore ultimately the dismissal was harsh.

The employee was dismissed for breaching the employer’s code of conduct by asking a colleague to look into her ex-husband’s financial affairs.

This breach was held to have been a valid reason for dismissal.

The employee was dismissed for gross misconduct for assaulting another employee. An employer has a right to have a policy against fighting and to enforce that policy by dismissing employees who engage in fighting.

Anderson v Thiess Pty Ltd [2015] FWCFB 478 (Ross J, Hatcher VP, Simpson C, 30 January 2015).

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Note: The dismissal was ultimately found to be harsh, unjust and unreasonable due to a lack of procedural fairness in the dismissal process.

Note: However, regardless of the legitimate reasons for dismissal, dismissal is rational and unreasonable due to the impact of employees on the personal and economic situation, and the employer concludes that the employer was intentional. It was judged that there was no room.

• Grant v. BHP Coal PTY LTD [2014] FWCFB 3027 (Richards SDP, asbury DP, BOOTH C, 18 JUNE 2014).
• The employees were on a lon g-term illness leave while being treated with shoulder injuries during their duties. After the surgery, after leaving the workplace for a long time, the employer requested an employee to take a nominated specialist to take a functional evaluation test before taking his duties. The employees did not attend the reservation for the consultation or the reserved consultation reservation.
• Employees were fired because they did not follow the legal and reasonable instructions of attending medical reservations and refused to participate in disciplinary surveys. In the first instance, the committee acknowledged this as a legitimate reason for dismissal, and the application was rejected. This decision was also supported in the appeal hearing.
• The continuous workplace conflict with colleagues was not resolved, and employees were fired. The two employees received a written warning and mediated by the manager. After a quarrel and a final warning, the employer demanded the employer to be fired.
• In the first instance, the European Commission determined that the dismissal was due to a legitimate reason based on employee acts. This was also confirmed in the appeal, and all courts determined that the conflict had forced the employer to "an impossible position regardless of who was wrong." The appeal permit was rejected.
• Employees were injured during work, resulting in a return to work, including restricted duties. It turned out that the employees were carrying two trays with empty wine glasses that exceeded the weight limit specified in the workplace return program.
• It turned out that employee firing had no legitimate reason.
• The employee was dismissed by a delinquent act because the employee was cursing the manager and beat the bulletin board.
• The curse was inappropriate and unfair in the workplace, but the employer accepted it. It was said that the employee's actions were not a legitimate reason for dismissal. < Span> Note: However, regardless of the legitimate reason for dismissal, dismissal is harsh and unreasonable due to the impact of employees on the personal and economic situation, and that the employer was intentionally illegal. It was judged that there was no reasonable room to attach.
• Grant v. BHP Coal PTY LTD [2014] FWCFB 3027 (Richards SDP, asbury DP, BOOTH C, 18 JUNE 2014).
• Employees were on a lon g-term illness leave while treating shoulder injuries during their duties. After the surgery, after leaving the workplace for a long time, the employer requested an employee to take a nominated specialist to take a functional evaluation test before taking his duties. The employees did not attend the reservation for the consultation or the reserved consultation reservation.
• Employees were fired because they did not follow the legal and reasonable instructions of attending medical reservations and refused to participate in disciplinary surveys. In the first instance, the committee acknowledged this as a legitimate reason for dismissal, and the application was rejected. This decision was also supported in the appeal hearing.
• The continuous workplace conflict with colleagues was not resolved, and employees were fired. The two employees received a written warning and mediated by the manager. After a quarrel and a final warning, the employer demanded the employer to be fired.
• In the first instance, the European Commission determined that the dismissal was due to a legitimate reason based on employee acts. This was also confirmed in the appeal, and all courts determined that the conflict had forced the employer to "an impossible position regardless of who was wrong." The appeal permit was rejected.
• Employees were injured during work, resulting in a return to work, including restricted duties. It turned out that the employees were carrying two trays with empty wine glasses that exceeded the weight limit specified in the workplace return program.
• It turned out that employee firing had no legitimate reason.
• The employee was dismissed by a delinquent act because the employee was cursing the manager and beat the bulletin board.
• The curse was inappropriate and unfair in the workplace, but the employer accepted it. It was said that the employee's actions were not a legitimate reason for dismissal. Note: However, regardless of the legitimate reasons for dismissal, dismissal is rational and unreasonable due to the impact of employees on the personal and economic situation, and the employer concludes that the employer was intentional. It was judged that there was no room.
• Grant v. BHP Coal PTY LTD [2014] FWCFB 3027 (Richards SDP, asbury DP, BOOTH C, 18 JUNE 2014).

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Note: The dismissal was ultimately found to be harsh, unjust and unreasonable due to a lack of procedural fairness in the dismissal process.

Employees were fired because they did not follow the legal and reasonable instructions of attending medical reservations and refused to participate in disciplinary surveys. In the first instance, the committee acknowledged this as a legitimate reason for dismissal, and the application was rejected. This decision was also supported in the appeal hearing.

The continuous workplace conflict with colleagues was not resolved, and employees were fired. The two employees received a written warning and mediated by the manager. After a quarrel and a final warning, the employer demanded the employer to be fired.

In the first instance, the European Commission determined that the dismissal was due to a legitimate reason based on employee acts. This was also confirmed in the appeal, and all courts determined that the conflict had forced the employer to "an impossible position regardless of who was wrong." The appeal permit was rejected.

Employees were injured during work, resulting in a return to work, including restricted duties. It turned out that the employees were carrying two trays with empty wine glasses that exceeded the weight limit specified in the workplace return program.

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Note: The dismissal was ultimately found to be harsh, unjust and unreasonable due to a lack of procedural fairness in the dismissal process.

The employee was dismissed by a delinquent act because the employee was cursing the manager and hitting the bulletin board.

• The curse was inappropriate and unfair in the workplace, but the employer accepted it. It was said that the employee's actions were not a legitimate reason for dismissal.
• The employer witnessed that other employees were stealing their customers for their personal work, and accused the employees for telling other employees the details of their customers.
• The employer neglected the appropriate investigation and did not give the employees to answer the claim, so the employees were judged to have denied the proceedings. The committee determined that the dismissal had no legitimate reason.
• The employee was fired by serious illegal acts, including physical assault on other employees.
• In this case, it was pointed out that the employer did not satisfy the "basic evidence level" that the employee had assaulted. The dismissal was said to have no legitimate reason.
• Employees were dismissed by serious illegal acts after complaints about the injuries of the elderly residents who were cared for.
• Even if the employee did not conduct an appropriately investigating or reporting, it was overlooked, and it was determined that it would not have a negative effect on the welfare of the residents or to make the employer a danger. The dismissal was said to have no legitimate reason.