The employee started as a full-time traffic controller in 2018 where the role only allowed her to leave the site with client approval via sign-off through a digital docket system.

The business had twice notified their employees about the importance of completing their dockets accurately with the correct start and finish times after their shifts.

In November 2021 the employee was seen leaving a work site two-and-a-half hours earlier than the time she had recorded on her docket.

The business questioned the employee but found her answers unsatisfactory and started an investigation, monitoring her work vehicle movements and recorded docket finish times against the actual time that the dockets were being generated.

An audit of the dockets revealed several discrepancies where the employee left the work site anywhere between 30 minutes to five hours earlier than what she recorded.

The employee was provided with the details of some of these dockets and invited to a show cause meeting to discuss the discrepancies. She provided various reasons for the differences, such as accounting for missed breaks, earlier start times and attending other sites.

After considering her response, the business terminated her employment because of serious misconduct as the response was not deemed to explain an additional 25 hours missing.

The employee argued that she was not afforded procedural fairness in the process and that the decision was harsh given her length of service and her previous work performance.

Decision

The Fair Work Commission (FWC) disagreed with the worker’s view and found that the dismissal was not harsh, unjust or unreasonable.

The definition of serious misconduct includes theft and the FWC noted that the repeated false time entries on the dockets is a form of theft or time fraud from the business. The employee was provided with an opportunity to respond to the allegations but did not deny her conduct or show any remorse for her actions.

Learnings for business

This case highlights the importance of carefully investigating allegations of misconduct and considering all available information during the investigation and the disciplinary process. It also demonstrates the requirement to ensure a fair process, allowing the employee an opportunity to respond, and considering that response before deciding.

How the Victorian Chamber can assist

Internal investigations can be complex to navigate but it is important that they are managed properly. The Victorian Chamber’s Investigations in the Workplace training course provides a sound understanding of what an investigation should involve and gives you the skills and confidence to conduct investigations into various matters.

Our experienced workplace relations consultants can provide your business with a wide range of support services including conducting investigations, providing strategic advice to manage terminations and representing your business in unfair dismissal claims at the FWC.

Before you take any action call our Workplace Relations Advice Line on 03 8662 5222. Our experienced team is here to give you over-the-phone advice about human resources or workplace relations matters.