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Fair Work Act 2009 - Declaration under subsection 388(1) - Small Business Fair Dismissal Code
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Fair Work Act 2009 - Declaration under subsection 388(1) - Small Business Fair Dismissal Code
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It is fair for an employer to dismiss an employee without notice or warning when the employer believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal. Serious misconduct includes theft, fraud, violence and serious breaches of occupational health and safety procedures. For a dismissal to be deemed fair it is sufficient, though not essential, that an allegation of theft, fraud or violence be reported to the police. Of course, the employer must have reasonable grounds for making the report.