The employee was fired over her work performance
A Campbelltown RSL employee was dismissed after the UWU distributed information which was ‘just plainly wrong’.
Ms. Fisher was dismissed for her ‘work performance’, after failing to remove her nose and ear piercings and using her mobile phone while working.
Further, her refusal to meet with the Operations Manager was based on UWU advice that she was not obliged to do so without a written request. Fisher was stood down after repeatedly failing to attend this meeting.
Without disclosing details, the Commission considered this situation to be ‘one of the worst cases of management bullying’ ever to be seen, suggesting the Operations Manager undertake additional management training.
The Commission also found that the UWU had given incorrect information to Fisher, resulting in the loss of her job.
Although ultimately finding the termination of Fisher’s employment to be unreasonable, the Commission held that it would be contrary to s. 381 Fair Work Act to require the RSL to compensate Fisher, given the UWU’s error.
Key Takeaways for HR:
- An employer is not required by the FWC to provide notice in writing when wishing to discuss issues with their staff.
- Procedural fairness should always be followed when dismissing employees.
