Purpose
This policy informs employees of the process for addressing circumstances which might give rise to our company summarily dismissing an employee. The policy has been developed in support of the management of summary dismissal of an employee who is subject to an Enterprise Agreement or an Australian Workplace Agreement clause that allows such action.
Scope
The provisions of this policy apply to all employees of our company including office staff, workers, contractors and trainees, volunteers and labour-hire staff.
Policy Statement
Our company may dismiss an employee without notice, if the actions or behaviour of the employee are deemed to be so grave as to warrant summary dismissal.
Procedure
Before taking action to dismiss a staff member whose misconduct is so grave as to warrant summary dismissal;
Our company shall observe the following procedures:
- an investigation which is reasonable in the circumstances of the particular case shall first be conducted;
- a clear written statement of the employee’s alleged misconduct shall be prepared and given to the staff member;
- the employee shall be invited to respond to the allegations and shall be given a fair opportunity having regard to the circumstances of the particular case to be heard as to those allegations;
- the employee shall be given a fair opportunity having regard to the circumstances of the particular case to be heard on whether he/she should be dismissed and shall be invited to provide details of the matters;
- including matters not directly connected with the alleged misconduct
- which might mitigate the penalty;
- our company may suspend the staff member from duty, on full pay, during the period of the investigation.
Documentation
- Termination of Employment form
- Employee Asset Allocation checklist