The Victorian Chamber recently partnered with a regional family business to help them manage a long-term absence from one of the employees. During the process, a variety of issues arose including broken relationships, drug and alcohol use, a loss of trust, and general inappropriate behaviour in the workplace.

The business – a member of the Victorian Chamber – called the Workplace Relations (WPR) team seeking assistance to help navigate the difficult situation that was only becoming worse with time. Following some coaching from the WPR team, the business owners possessed the knowledge and tools to manage the situation.

The situation

After an employee had been absent for a protracted period of time, and was infrequently providing medical certificates, the managers of the business informed the employee that they intended to obtain information concerning the employee’s capacity to work. In order to obtain the information, the employee was asked to provide consent to access the information.

After the employee failed to respond and was given an opportunity to do so, the employee continued to disengage.

Following advice from the WPR team, the business issued a formal warning making it clear that further instances of misconduct, including failing to follow a lawful and reasonable direction, may result in disciplinary action including dismissal.

The employee was again asked to provide consent and failed to do so.

As a consequence, the business issued the employee with a show cause letter. Curiously, the employee then provided the required consent. However, the employee quickly disengaged once again and didn’t respond to the letter.

In consultation with the WPR team, the business wrote to the employee’s representative outlining the numerous attempts made to engage with the employee. Due to their clear and documented processes, the business was able to demonstrate it had been fair and reasonable. The employee was again asked to show cause as to why their employment should not be terminated. The letter made it clear if the employee didn’t respond, a decision would be made based on the information available.

Again, there was no response.

The employee was then invited to attend a meeting in order to inform them of the disciplinary outcome. The employee failed to attend. The business confirmed in writing a decision had been made to terminate the employment relationship.

Support for businesses

Throughout the course of the crisis, the business referred to the Victorian Chamber’s WPR team as “our rock and mentor” who went “above and beyond for us no matter the circumstances”.

“Because of [the WPR team], we can now breathe easier and move the business forward in a positive way.”

This is only one of the countless crises the Workplace Relations team help businesses navigate every day. Whether you operate a large business, or a small family store, the Workplace Relations team are here to help our clients and members to offer support and guidance when it’s needed most.

If you or your business is grappling with a workplace relations issues and need some guidance, call the Victorian Chamber Workplace Relations Advice Line on (03) 8662 5222.

We are here to help.