Mr Matthew Boulton v Telstra Corporation Limited. [2019] FWC 370. (U2018/6378). Spencer, C. 25 January 2019.
The applicant in this matter was caught-out selling mobile phones in direct competition with employer – Telstra. This misconduct was discovered when one of his private customers complained of a faulty phone to the applicant’s manager.
In rejecting the application, the Commissioner found:
- It is impractical for the Applicant to be reinstated, due to this lack of trust and confidence in him, and the employment relationship had irretrievably broken down.
- The Applicant confirmed that he had been trained on the Respondent’s Conflict of Interest policy and that he conceded the conduct may give rise to a finding of a potential or actual conflict-of-interest.
- Even though the applicant stated that the he was selling the phones outside of business hours there was a sufficient nexus with the Applicant’s employment, to bring the conduct within the employment sphere.
- The Applicant’s conduct was directly non-compliant with the Respondent’s Conflict of Interest policy.
- It was procedurally fair process.
- The Applicant’s long employment history was taken into account.
Commentary
Have to a “Code of Conduct” which includes a “Conflict of Interest”. Also, this provision should be in all contracts of employment. Are your employees aware of these obligations? Have they been inducted?
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.
