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Published by Erin Kidd
May 29, 2019 in Employment

Burning out procedural fairness: gross misconduct & unfair dismissal

All too often in unfair dismissal proceedings, a finding will be made by the Fair Work Commission (FWC) that an employee’s dismissal was harsh, unjust or unreasonable even where an employee’s wrongdoing, which formed the basis of their termination, is clear and constitutes a valid reason for dismissal.In these cases, the reason the dismissal is considered unfair is often due to a lack of procedural fairness in the investigation and dismissal...
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