A costly dismissal

My staff member has raised a number of questions about his work conditions. It’s quite annoying and taking up too much of my time. Can I dismiss him?

A recent case from the Fair Work Ombudsman highlights the risk of terminating an employee under these circumstances.

In this case, a Gold Coast security company owner was penalised $115,668 by the Fair Work Ombudsman after he admitted taking unlawful adverse action against a guard by dismissing him.

It was found that the owner dismissed the employee after this employee had queried their own work roster.

The Fair Work Act 2009 makes it unlawful to take adverse action against an employee for making a complaint or enquiry in relation to their employment.

Therefore, this case is a strong reminder that adverse action penalties are uncapped and employers that do the wrong thing can expect hefty fines.

Employers who would like the peace of mind of having access to a HR specialist to better understand their workplace obligations, may wish to sign up to the Nexus HR on call advice service. Pay by the month, cancel anytime options are available. Call us on 1300 15 10 11 for more info.

 

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