In two separate matters before the FWC, one involving a cleaner in an aged care facility encouraging a resident to complain to a current affair program [1] and the other a RSPCA manager who went to the Canberra Times to complain about the concreting of a rabbit warren[2], both involving alleged unfair dismissals and in both cases the FWC found in favour of the employer.

Both employees had breached the employers’ trust and undermined their reputation, despite the (misguided) intentions of the employees.

These matters can be avoided by contractual terms and policies that are reinforced in employee handbooks or the like.  These matters were also bolstered by the following of due process.

[1] The Applicant v the Respondent [2014] FWC 3189)

[2] Howie v The RSPCA [2014 FWC 2771

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.