The apprentice failed to properly check a client’s brake pad during a car service in March this year and subsequently lied about the error on the repair order.

On the inspection checklist the apprentice listed the brake pads as having 9mm left. After the service, a supervisor received a complaint from the customer who had been advised in a previous service that the brake pads were running low.

The customer checked the brake pads himself and found them to be significantly thinner than 9mm.

The car dealership deemed the apprentice recording ‘false information’ as posing a safety and reputational risk should an accident have occurred.

Based on the manager and supervisor’s version of events, the principal dealer contacted the HR department for the dealership to confirm whether they could terminate the apprentice. HR advised the dealer that they considered this to be a valid reason for termination.

A few days after the incident, the supervisor collected the apprentice from his work location and took him to a meeting with two service managers, where they verbally advised the apprentice that they would be terminating his employment for dishonesty and negligence.

Decision

The FWC found the apprentice’s dishonesty, by not inspecting the brake pads and making up a number in the repair order, was a valid reason for dismissal.

However, it deemed the dismissal to be procedurally harsh because dismissing the apprentice without notice was “disproportionate” to the misconduct.

The FWC did not accept the apprentice’s actions met the definition of serious misconduct, despite the potential safety risk and possible reputational harm to the business.

It also found that if the business had provided some additional procedural steps in the dismissal process, it would have considered the dismissal to be less harsh.

The FWC awarded three weeks’ compensation with a 30 per cent deduction accounting for the misconduct and the fact the worker found another job after only a few weeks.

Learnings for Business

This decision demonstrates that serious misconduct is a high bar to meet, and businesses should carefully consider this before dismissing an employee without notice.

The case emphasises the importance of following procedural fairness during a disciplinary process, ensuring that any allegations are put in writing and the employee is provided a opportunity to respond. It also outlines the benefit of considering standing down an employee for allegations of serious misconduct and offering a support person to mitigate the harshness of a dismissal.

How the Victorian Chamber can help

For assistance on any aspect of your employment obligations, please call the Victorian Chamber Workplace Relations Advice Line on 8662 5222.

Our Workplace Relations Consultants can assist your business conduct a thorough disciplinary process which minimises the risk of successful unfair dismissal or other claims. We can also help with managing Fair Work Commission claims and representation.