Procedural Fairness.


“A Company cannot simply produce policies and procedures and expect to rely on them to defend a claim if there is no evidence to support that it’s employees have been made aware of those documents, trained in the content of those documents, and provided with access to those documents.”

Commissioner Harper-Greenwell made this statement in a recent decision upholding an employee’s unfair dismissal claim.

Further the Commissioner stated;

 “The denial of procedural fairness in this matter was significant.”

It is clear from the evidence in this matter that HR acted prematurely without reference to policies and procedures, even to the extent he had decided to terminate the subject employee before any due process was enacted. Further, he advised Directors of his intent.

Procedure Rock resolves the issue of day by day accountability regarding policy and procedures and in this case the alarm bells would have rang early in the course of action by the HR manager who the Commissioner stated” Had significant practical and academic experience.”

Condello v Fresh Cheese Co (Australia) Pty Ltd (2018) FWC 2025 (9 April 2018)

Here is the link for further reading.


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