by Catherine Gillespie
This blog looks at what can we learn from a Fair Work Commission decision dated 5 December 2014. The case was Jacqueline Lumley v Bremick Pty Ltd Australia t/a Bremick Fasteners (C2014/5516).
Reoccurring conflict between the same two parties may be grounds for dismissal if all reasonable steps have been taken to resolve the matter underpinning the conflict, but the conflict is continuing.
All reasonable steps would include:
If, after taking all of these steps and the continued conflict is directly impacting on the efficiency and effectiveness of the performance of either party, the performance of the business, the wider relationships with stakeholders to the business, or there is evidence the conflict may bring the business into poor favour with clients, dismissal is less likely to be viewed as unfair, unjust and unreasonable.
Of course, the Fair Work Commission would expect that organisations of a certain capacity will have the resources to appoint an external experienced mediator or investigator and that the organisation would seek appropriate professional advice regarding performance management and termination of employment.
If your business would like assistance with any of the steps noted in this blog, contact us at WPCR email@example.com or call 1300 227 901.
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