The respondent is an insurance company which specialises in truck insurance. The applicant saw an niche in the market to set-up an Association of which he would recruit members. Unfortunately for the applicant, he used his employer’s time, e-mail and customer lists in recruiting these members. The respondent later secured sponsorship that would have been in direct conflict with the applicant’s Association.

 

In dismissing him summarily (ie without notice) for serious misconduct, the respondent relied on the applicant’s contract of employment and code of conduct, both of which set out provisions relating to confidentiality and conflict of interest.

 

In finding that the there was a valid reason for the termination, the Commissioner stated:

 

“Mr Post ignored directions from NTI’s Managers that his involvement with Transafe must be managed to avoid any conflict between the interests of NTI and the interests he was pursuing on behalf of Transafe and to ensure that he was complying with the obligations in his employment contract. Other than a disclaimer referring to Transafe found in some emails sent by Mr Post the evidence is he took no action to comply with his Managers’ directions in this regard. Instead he continued to pursue his interests in Transafe contrary to the interests of NTI and in ways that were in conflict with his employment obligations to NTI.”

Greg Reiffel Industrial Relations & Human Resources Consulting has been providing the following services to businesses for over 30 years:

 

  • General HR and IR advisory service.
  • Fair Work Commission representation (eg unfair dismissals, adverse actions, etc.).
  • Workplace investigations and mediations.
  • Policies and procedures.
  • Discipline & Termination.
  • People Audits (are you at risk of prosecution?).
  • Enterprise Agreements, Contracts of Employment, Individual Flexibility Agreements.
  • On-site HR services.

Contact Greg on 0438 906 050 or mailto: greg@gregreiffelconsulting.com.au.