Fair Work Commission: Summary Dismissal For Gross Negligence “Outdated”

Workplace express reports on a recent ruling of the Fair Work Commission:

Summarily dismissing employees for negligent rather than deliberate misconduct is now an “outdated concept”, the Fair Work Commission has suggested in reinstating a security officer sacked for admitting a minor to a casino.

Commissioner Ian Cambridge said courts and tribunals “appear to be gradually casting off the proposition that negligence would justify summary dismissal, as it represents an outdated concept which was established upon the principles which applied during the era of the master and servant relationship”.

He said, however, that while the common law might continue to recognise that summary dismissal is justified for gross negligence, “the statutory position may not”.

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