What should HR do if an employee 'taints company's reputation' with unverified information?
The Fair Work Commission (FWC) has dealt with the case of an employee dismissed because of willful disobedience to COVID-19 health protocols and several complaints that he was spreading conspiracy theories about the pandemic.
In his defence, the worker argued that he had medical exemptions, and it was only fair to talk about the said conspiracy theories in the workplace. In line with this, how should HR react to employees who spread unverified COVID-related information that consequently threatens the company’s reputation?
Overview of the case
According to the Victorian Chamber of Commerce and Industry (VCCI), the employee has been in Australia Post for 32 years and was currently working as a delivery driver when a series of breaches happened.
When JB Hi-Fi employees complained about the worker who failed to wear a mask, did not sign in using the QR check-in code, and discussed COVID-19 conspiracy theories, the employer then instructed the employee to avoid visiting JB Hi-Fi.
Yet, despite the initial instructions of the company, the employee failed to obey the directions and returned to the same store to constantly ask who filed the complaints.
The employer then instructed the driver to stop operating his van until a formal investigation had ended. The employer further noted that the worker would consequently be assigned other duties.
Again, the employee opposed the explicit instruction and requested it in formal writing before driving off in the same van.
“The driver was immediately informed by his manager that he was suspended once he arrived at Australia Post’s distribution centre,” VCCI said.
“Subsequently, the employee then drove his own vehicle to the same JB Hi-Fi store and began to repeat COVID-19 conspiracy theories,” it added.
Hence, after careful investigation, the employer terminated the delivery driver for “serious and willful misconduct” over failing to comply with the company’s instructions.
FWC’s decision
The FWC favoured the employer and said the employee’s dismissal was valid and reasonable, despite the worker’s long-standing employment.
“Australia Post held that the employee’s medical exemption was strictly for ‘outdoors’, he was required to sign in using the QR check-in code, and it was unprofessional to discuss COVID-19 conspiracy theories repeatedly,” VCCI said.
“While the employee may have been dissatisfied by the complaints made, the directions given by JB-HI-FI for the employee to avoid the store were fair and reasonable,” it added.
VCCI further reported that the evidence in the case revealed that the worker acted against all the company’s directions by trying to settle the complaints on his own hands.
Ultimately, not only did the worker put the lives of his co-employees in danger, but he could also cause severe damage to the company’s working relationship and reputation.
Takeaways for HR leaders
- Lawfully act in a fair and appropriate manner to protect the company’s reputation and working relationship with different companies
- Provide clear and comprehensive instructions to employees about the company’s standards of behaviour and strictly monitor all breaches
- If, in any case, employee misconduct occurs, enforce appropriate and legal measures to avoid cases of workplace issues
- Consult proper authorities and experts if unsure how to deal with workplace issues
