When are workplace warnings required?

There is a common myth in Australian workplaces that an employee cannot be dismissed unless he or she has been previously warned. Many Australians also believe that 3 warnings must be given before a dismissal. This is entirely incorrect.

It would be ludicrous if an employer was prevented from dismissing an employee for stealing as a servant, the legal expression for theft by an employee from an employer.

Warnings do however become relevant when an employee is dismissed for unsatisfactory performance; see sec 377(e), Fair Work Act 2009.

Unsatisfactory performance is more likely to relate to the employee’s capacity to do the job than their conduct.

Performance includes ‘factors such as diligence, quality, care taken and so on’.

The Commission must take into account whether there was a period of time between:

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UNFAIR DISMISSAL, UNLAWFUL AND WRONGFUL DISMISSAL

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I have a highly regarded and envied success rate representing employers and employees both in prosecuting and defending unfair dismissal, unlawful and wrongful dismissal cases and my rates for doing so are as far as I know the most economical in Western Australia. If you read my posts on my law blog page, you will see that my experience speaks for itself. You are very welcome to browse the posts from the extensive index. See How I Can Help

EQUAL OPPORTUNITY AND WORKPLACE DISCRIMINATION

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A lack of equal opportunity in today’s Australian workplaces rankles with many employees, yet it can also be a complex operational challenge for employers. General protections provisions and complex anti-discrimination laws exist under the Fair Work Act but that very technical jurisdiction is difficult to understand for many and is costly to use and defend. I can help you assess your workplace discrimination issue, the available strategies and remedies quickly, clearly and with a minimum of fuss and jargon. See How I Can Help

WORKPLACE RELATIONS AND RIGHTS

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I have specialised in this area of the law for more than 40 years and am available to answer any of your questions promptly and in a clear and comprehensible manner. I offer telephone and Skype consultations which are affordable, convenient and provide fast outcomes. I am very conscious of the capacity of such issues to cause serious stress both for employers and employees and fully understand the urgency of identifying a workable solution. See How I Can Help

EMPLOYMENT AND FAIR WORK ADVICE

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With more than 40 years of unblemished legal practice at the highest of levels in Western Australia, and the other States too, I offer a range of employment services and advice and representation for both employees and employers. These days I do so as an industrial agent and at rates and fees which are a fraction of those of my legal colleagues. You can read how and why I can do this in the About tab above, where there are several paragraphs about my career and which explain in a nutshell who I am, what I do and why I do it. See How I Can Help