This content requires HR Daily Premium membership. Log in below or sign up here.
A "very poor" attendance rate combined with repeatedly failing to notify or explain absences meant there were valid reasons to sack an employee, the Fair Work Commission has ruled.
The employee's failure to follow directions was the "more obvious" reason to rely on, but even though it didn't feature in his show-cause or termination letters, the dismissal his fair, said Deputy President Alan Colman.
Woolworths sacked the warehouse storeman in April this year, on the ground that he was not meeting the inherent requirements of his role.
He claimed unfair dismissal, arguing this wasn't a valid reason because he was fit for work. During proceedings, where the employer also argued that he hadn't followed directions to provide notice in advance and evidence of the reasons for his absences, he contended that he had only received one warning, so the dismissal was harsh...
Having trouble using your subscription? Contact us for help or check our FAQ page here for answers to commonly asked questions.
Sign up now for all the benefits of HR Daily Premium membership.
HR Daily Premium members are Australia's best-informed HR leaders and practitioners when it comes to HR news, thought leadership, legal compliance and emerging trends. Unlock premium membership to receive:
Full access to our news library Breaking news updates each day Complimentary passes to all webinars Webcasts streaming on demand Q&A sessions on hot topics And much more