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Compliance is a starting point

In private companies the human capital of an organisation is often referred to as its biggest asset, and this holds true to organisations in the public sector. As with many other examples, however, this great strength of an organisation can also become a huge weakness if employee issues are not managed proactively under a strong risk management framework.

The following information highlights potential employment issues. 

Case study: When resignations are not resignations

This case study covers a situation where a long-standing employee unexpectedly resigned from work. A number of issues consequently occurred, with issues around stress, unfair dismissal and the appropriate timing (and acceptance) of resignations.

This case study highlights the importance of appropriate procedures for accepting resignations. Read the full case study [PDF, 31KB]. 

Case study: Procedural fairness and risks associated with dismissing employees

Procedural fairness is critical for defending an organisation against allegations of unfair dismissal. This case showcases an example where a member of staff repeatedly received bullying complaints. Other issues included disagreement over the appropriate calculation of an employee's service.

This case study highlights the need to follow appropriate procedures when dismissing employees for legitimate reasons. Read the full case study [PDF, 33KB].

Case study: Poor performing employees and unfair dismissal

Sometimes situations arise with multiple employment issues at the same time, such as in this case study where a hospital employee was dismissed as a result of disciplinary action, while the employee was making a counter-claim regarding bullying. This case highlights the ability of organisations to dismiss employees so long as that dismissal is not unfair (harsh, unjust or unreasonable).

This case study highlights a possible course of action for an employer dealing multiple employment issues concurrently. Read the full case study [PDF, 31KB].

Case study: Risks associated with dismissing employees summarily

This case details the experience of a senior psychiatric nurse who was summarily dismissed following a series of bullying and harassment claims. He subsequently made an application to Fair Work Australia alleging he had been unfairly dismissed.

This case study highlights the potential risks of dismissing an employee summarily. Read the full case study [PDF, 45KB].

Training

VMIA provides free online training in employment practices risks for the Victorian public sector.

Page last updated: 29 November 2016