In brief - Decision in
Hammam Hijazi v Calvary Health Care ACT Limited [2021] FWC
13 suggests that while investigation reports can be used as
credible evidence to support a dismissal, key witnesses interviewed
as part of the investigation should be called to give evidence at
trial so that that they can be cross-examined
When an unfair dismissal matter progresses to a hearing in the
Fair Work Commission, parties will call witnesses to give evidence
to assist the Commission in reaching a decision. But what happens
when an employer tenders a workplace investigation report instead
of calling witnesses? This question was examined in
To print this article, all you need is to be registered or login on Mondaq.com.
As part of the practice of employment law, it is often the case
that an employee who has been dismissed complains that they were
not afforded procedural fairness .
Often the argument will be that their employer, in the process
of formulating its decision to dismiss the employee, failed to give
the employee a genuine and proper opportunity to respond to the
allegations and / or notice of the reason for the dismissal.
A recent decision of the Full Bench of the Fair Work Commission
provided some guidance on matters to consider when ensuring that
To print this article, all you need is to be registered or login on Mondaq.com.
An ex-employee of the St John s Co-Cathedral Foundation
instituted proceedings before the Industrial Tribunal seeking
compensation for unfair dismissal. The defendant Foundation argued
that the ex-employee had committed several breaches throughout the
years and that the final action of insubordination on his part had
left the Foundation with no option other than to summarily dismiss
him.
The Tribunal commented that whilst the defendant had argued that
the ex-employee had committed several abusive practices, its
reaction towards such alleged abuses had always been lenient. A
APA) for more than 8 years as an Electrical
Supply Team Member.
In May 2020, Mr Lupson took a period of personal leave to
recover from an injury he sustained outside of work. On 23 January
2020, Mr Lupson attended the workplace with the intention of
returning to work, however his aviation clearance (ASIC) had
expired and he was escorted off the premises and stood down on pay,
pending an investigation.
From 24 January to 12 March 2020, APA investigated Mr
Lupson s conduct and he was invited to attend three meetings to
gauge his views on the issues at hand. In late January and again in
late February 2020, Mr Lupson was issued with show cause