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HT for Small Biz - Newsletter

Commission rules Worker’s insubordination was grounds for dismissal

A worker who had made repeated bullying and harassment complaints to his Construction Project Manager, continually refused to comply with his employer’s advice to follow the company’s Grievance and Complaints Policy. As a result, the worker has lost his unfair dismissal claim at the Fair Work Commission.

Following the repeated refusals to comply with the lawful instructions given to him, the company provided ongoing performance counselling along with the issue of a first, second and final formal warning before terminating his employment.

The Company has a Bullying and Harassment Policy which clearly outlines to employees the protocol for raising concerns of Bullying and Harassment within the workplace. The Commissioner therefore deemed that the repeated refusal to make complaints to his direct supervisor in charge, was a deliberate attempt to avoiding the correct channels for voicing his concerns. The commissioner stated that “he was the driver on the road which eventually led to a crash and the termination of employment”.

The commissioner judged that the actions of the worker over a long period of time were inconsistent with the contract of his employment and left the company with no choice but to terminate him.

Through having sound policy content and the correct implementation strategies, the company was able to protect itself from the workers disgruntled reaction. It is crucial that your company’s Employee Handbook contains compliant information and is implemented lawfully to ensure similar situations can be safeguarded against.

Feel free to call us on (02) 8882 9694 if you have any queries surrounding policy review or to discuss any employment relations issues you might have.

 Suite 4.05, 5 Celebration Drive
 Bella Vista NSW 2153

Ph: 02 8882 9694 M: 0415 225 920 

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