Bookmark Automatic Unfair Dismissal: Case Studies Automatic unfair dismissal occurs when an employee is dismissed for a reason that is deemed to be automatically unfair - this means that even if the employer acted fairly and reasonably, the dismissal will still be deemed unfair.
There are some elements of employment law, such as Case study employment law unfair dismissal dismissal and workplace bullying, which are of particular concern as many employers make the mistake of not following formal procedure and subsequently losing claims made against them in these areas.
For example, an employer who does not have a social media clause in its code of conduct or employment contracts before firing an employee for a social media related offence will undoubtedly encounter difficulty should a claim of unfair dismissal be made.
This article will examine these areas of employment law with a relevant case study for each. These laws will first be briefly explained for context. Unfair dismissal In Victoria, what does or does not constitute unfair dismissal is determined on a case-by-case basis by the Fair Work Commission.
Generally, if an employee is dismissed and the commission finds that the dismissal was unjust, harsh, or unreasonable, the dismissed employee may be awarded an unfair dismissal remedy by the Commission.
Other possible grounds for the award of a remedy include: Small businesses are businesses that employ fewer than 15 people. In Victoria, all employees are covered by unfair dismissal laws. Employees are eligible to make an unfair dismissal claim if they have completed a minimum employment period of one year for small businesses or six months for businesses with more than 15 employees.
The application must be made within 21 days of the dismissal having occurred. There is a large list of conditions that constitute what may be deemed a harsh, unjust or unreasonable dismissal in the eyes of the commission.
Generally, this list relates to whether or not an employee was given adequate warnings, guidance, and opportunities to improve their behaviour before the dismissal occurred. Employers should be aware of formalities regarding written warnings and keeping a record of any misconduct committed by employees, as these will prove to be valuable should a claim be brought to the Commission.
Mr Anderson was 65 years old at the time of the dismissal, and it would be difficult for him to obtain other employment; Thiess had failed to issue written warnings to Mr Anderson, and had also failed to record the occurrence of previous incidents; Thiess denied Mr Anderson the chance to understand and accept that his conduct was unacceptable.
Mr Anderson also did not have the opportunity to apologise and accept other disciplinary measures before being dismissed.
|Intellectual Property Lawyer||This case does not say anything that the seasoned HR professional will not already know about dealing with a malingering employee. However, the case provides a valuable recap for employers that suspect an employee is faking illness.|
|Employment Law Case Studies||In his evidence the primary Respondent witness testified in the arbitration hearing that he was on the till, as there had been a number if till shortages, when he overheard the Applicant shouting at another employee. He went to the kitchen, where he saw the Applicant pointing a finger in the face of a co-worker and he got in between them to defuse the situation.|
This case demonstrates the importance of following a strict terminations policy when dealing with employees engaging in inappropriate conduct. Even if an employee has acted in a way that is damaging to the employer, the employer must adhere to the formality requirements set out by the Fair Work Commission when dismissing an employee.
This includes giving adequate written and verbal warnings, recording incidents in a file for later reference, and attempting to counsel and guide the employee into behaving according to company policy.
Workplace bullying Bullying is a pervasive workplace issue, which has a range of negative consequences for both employers and employees.
Employees who experience bullying can suffer significantly in terms of mental and physical health, as well as the loss of their right to work in safe conditions.
The Fair Work Commission describes bullying as repeated unreasonable behaviour towards another worker or workers which constitutes a risk to workplace health and safety. This unreasonable behaviour could include intimidating or aggressive actions, targeted humiliation, rumour spreading, exclusion, and other inappropriate conduct.
Employers should have a grievance procedure in place to ensure that such a problem can be dealt with internally without a claim being made to external authorities. An effective grievance procedure should enable effected employees to discuss bullying with managers, who then take meaningful action.
The worker did not receive any management training prior to her appointment as team leader, and there was widespread bitterness in the team about the removal of the previous team leader. Several team members reportedly engaged in increasingly hostile behaviour towards the new team leader, including spreading rumours, disobeying requests, making offensive comments, being rude, and failing to help to the team leader when she was very busy and clearly required assistance.
The manager accepted the document, and refused to intervene in any meaningful way when requested to do so by the bullied employee. The bullied employee sought assistance from other managers, who did not intervene, until finally she was forced to leave her position due to the development of a psychiatric condition.
The bullied employee took legal action, where a judge found that the employer was negligent in its duties to create a safe working environment.
It was found that the managers involved had the capacity to take action that would have prevented the damage caused to the bullied employee, but failed to do so. This case demonstrates the clear need for employers to be responsive to bullying complaints so that these sorts of cases do not occur.
Bullying is an issue that gets worse the longer it is left unaddressed.the ‘unfair dismissal’ process in the NSW jurisdiction. The paper then provides some real life case studies of the ‘unfair dismissal’ process in action to illustrate that the process is relatively simple for employers, though a little more.
Employment Law Cases and HR Case Studies. For cost-effective information regarding employment law, subscribe to HR Bullets today. Unfair dismissal Thursday, 12 May Case Digests.
Successful challenge to prohibition notice on basis of subsequent evidence;. Co-op Legal Services is the largest provider of Probate services in England and Wales. Examples of Employment Law Cases of Unfair Dismissal; Employment Case Studies Unfair Dismissal from Work Claim Awarded £,; Pregnancy, Maternity and Sex Discrimination at Work Case Study.
Case Study: A Real-Life Example of What Constitutes an Unfair Dismissal. MKI Legal recently acted for a client, let’s call him Mike (because we cannot reveal his real name due to confidentiality obligations).
We advise businesses in dealing with all aspects of employment law, including preparing documents, conducting investigations, and acting in litigious disputes.
Case Study: A Real-Life Example of What Constitutes an Unfair Dismissal. In lawful dismissal case, employers must show that dismissal has to be a ‘fair’ reason for dismissing employees and employers must have completed the necessary qualifying period of employment to avoid unfair dismissal case claimed.