A real estate development associate was required to work at the agency’s Brisbane office one day a week and the Sunshine Coast office the other four days. Employees were required to request flexible arrangements to be approved by the human resources department.

The business’s Managing Director was notified that the employee had not been in the Sunshine Coast office for three weeks and, after further investigation, found that the electronic key to access the building had not been used for weeks.

The employee was dismissed with four weeks’ pay in lieu of notice for breaching the business policy and failing to obtain approval from HR for a flexible work arrangement request.

Decision

The Fair Work Commission (FWC) found that the employee did not follow the reasonable direction of working in the Brisbane and Sunshine Coast offices, which was a requirement of the role.

Given HR approval was required to work from home, and this reasonable requirement was not followed, the dismissal was found to be fair.

Learnings for business

It is critical for a business to have a valid reason for considering dismissing an employee from their employment and to follow an appropriate, fair process.

In this case the business was found to have dismissed the employee in a fair and just manner. The business had a clear policy and process in place which helped the employer to defend the claim successfully.

How the Victorian Chamber can help

Our expert workplace relations consultants can help you navigate terminating an employee’s employment, including by giving you advice about the risks of the termination, procedural advice about how to carry out the termination process.

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

Workplace Relations Advice Line

Trying to deal with workplace issues alone but don’t know where to start? Before you take any action, call our Workplace Relations Advice Line.

Our experienced team are here to give you over-the-phone advice about human resources or workplace relations issues. Our Complete and Connect members have free and unlimited access to expert advice through the Workplace Relations Advice Line.

Fair Work representation

Managing claims in the Fair Work Commission can be one of the most stressful and costly issues for your business. With help from our Workplace Relations consultants, you can rest assured our expertise is on your side.

Employment Termination

It is important to manage the termination of an employment relationship carefully to ensure you meet your legislative obligations, regardless of whether the employment contract is terminated by the employer or employee.

Wages and Entitlements

Is your business paying its employees correctly? When it comes to wages, awards and entitlements, ensure that your business complies with the law with professional support from our Workplace Relations Advice Line and consultants.