Invalid Dismissals
Invalid Reasons for Dismissal:
- **Swearing/Bad Language**: In Symes v Linfox Armaguard Pty Ltd and Crockett v Vondoo Hair, swearing was tolerated by the employer, and the employees’ behavior did not provide valid reasons for dismissal.
- **Fighting/Assault without Proof**: Dewson v Boom Logistics Ltd, Lengkong v Bupa Care Services Pty Ltd, and other cases highlighted that dismissals for assault required proof, and in some cases, the standard of proof was not met.
- **Failure to Report Others’ Misconduct**: Cases such as Perry v Coffs Ex-Services Memorial and Sporting Club Ltd emphasized that failing to report others’ misconduct might not constitute a valid reason for dismissal.
- **Loss of Trust and Confidence**: In Mammarella v Department of Parliamentary Services, it was noted that merely losing trust and confidence in an employee’s ability to perform the role was insufficient to establish a valid reason for dismissal without supporting evidence and reasoning.
- **Improper Use of Evidence**: Walker v Mittagong Sands Pty Limited showed that using illegally obtained evidence to support allegations could invalidate a dismissal.
- **Refusal to Follow Company Policy**: Lee v Superior Wood Pty Ltd demonstrated that if a company policy violates the law, an employee may be entitled to refuse to follow it, and this refusal cannot be a valid reason for dismissal.
These case examples illustrate the complexities involved in determining the validity of employee dismissals based on conduct or capacity and emphasize the importance of proper evidence and reasoning to support such decisions.
