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The benefits of a 'measured' and 'considered' approach to termination of employment
Factual background Pickles Auctions Pty Ltd (Pickles) had engaged Mr Rooney for over 6 years in a detailer/floor staff role. Mr Rooney's employment history demonstrated an inconsistent level of performance, including habitual lateness for work and several incidents of unsatisfactory conduct. Between February 2011 to May 2015, Mr Rooney was issued with 6 written warnings regarding his performance, in addition to frequent verbal warnings for failing to attend work at his scheduled start time and failing to notify his supervisor prior to his scheduled start time of his lateness for work as required under Company policy. Most recently in February 2015, Mr Rooney received a first warning for poor attendance and misconduct and in March 2015, a second and final warning for poor attendance, as well as a further second and final warning in May 2015 regarding his attendance at work in an unshaven/un-presentable state. In June 201...
23 March 2016Labour hire employees still entitled to claim unfair dismissal remedy
Background Ms Kool was engaged as a casual employee by Adecco Australia Pty Ltd (Adecco) to undertake work at the host employer, Nestle Chalet Patisserie (Nestle). Ms Kool undertook work at Nestle for a period of 2 years and 5 months, working at least 38 hours per week. Prior to commencing her placement at Nestle, Ms Kool signed a Candidate Declaration provided to her by Adecco in which she acknowledged, amongst other things that: she would be under Adecco's client's care, direction and supervision during the period of any assignment; she was engaged as a casual by Adecco; and Adecco did not control the length of any client assignment and the client may vary or conclude the assignment at an hours' notice. In March 2015, Nestle advised Adecco it was meeting with Ms Kool regarding "inappropriate/unprofessional conduct" - in particular that she was 'clocking...
23 March 2016No sound or rational basis for terminating employment for loss of trust and confidence
Background The employee, Ms Anders, commenced employment with the Hutchins School in about 2001. Most recently she was engaged in the position of academic administrator, which required her to undertake both a senior mathematics teaching role and administrative duties. Up until 2013, Ms Anders had enjoyed a good employment record. During 2013, Ms Anders advised Hutchins School she was struggling with her workload and was subsequently diagnosed with depression and anxiety. During the later half of 2013, Ms Anders was often distressed and anxious at work, required time off and medical intervention. Ms Anders was relieved of her teaching duties for a week in the final school term of 2013 so she could train co-workers to undertake her administrative duties while she took long service leave during the first term of 2014. In December 2013, the co-workers complained to the school that they could no longer work with Ms Anders. On 20 December 2013, Hutch...
23 March 2016