27 July Salesman dismissed for breach of fuel card policy July 27, 2016 By Reef Admin Allowances, Fair Work Commission decisions 0 A used-car salesman was dismissed following an investigation into his company fuel card use. Unleaded petrol had been purchased on two occasions, despite the fact he was instructed to drive a diesel company car. The employee denied being told to only drive the diesel vehicle and submitted he drove a multitude of unleaded vehicles. He used the fuel card to purchase petrol for those vehicles, but admitted to occasionally using the card to purchase fuel for his own vehicle on weekends. The Fair Work Commission (Commissioner Riordan) found there was a valid reason for dismissal due to the applicant’s breach of the fuel card policy on the weekends. However, there had not been procedural fairness because the applicant was not given an opportunity to respond. The Commission took into account that the employer did not enforce a vehicle log book policy and did not attempt to source CCTV footage from the petrol station for many weeks after the alleged misuses of the petrol card. The applicant was awarded four weeks’ pay plus superannuation. Lessons for employers Even ‘theft’ against an employer can have its rewards given the outcome from this decision. It shows how difficult it can be to satisfy the independent tribunal that not only did the employer have a proper and valid reason for terminating an employee’s employment, but also that fair process was followed. The issue of managing employee performance and termination of an employee’s employment will be the subject of examination at REEF’s employment training program on 27 September 2016. Related Post-employment breach costs new employer A recent decision by the Full Court of the Federal Court of Australia marks new territory in the scale of remedy for post-employment breaches with a new employer hit with a $6.5 million order. Social media mishaps: Regulating an employee's posts More and more, industrial tribunals are being called upon to consider the nexus between social media posts and an employee's work where the employee has been terminated by the employer. What a year! REEF's report card for 2018 It's been another busy year at REEF, as we continue to focus on providing a range of meaningful, cost-effective and quality products and services to help you manage, support and grow your business. Here's a snapshot of what we've been up to. Guesswork, be gone! People Management System updates Members will benefit from the recent review and comprehensive update of the templates, policies, forms and other documents available via REEF's award-winning People Management System. Ask an expert: Deducting a PI insurance excess from an employee's wages What if an employee's conduct results in a claim against the agency's professional indemnity insurance policy? Can the amount of the excess be deducted from the employee's wages? Bully for you? No way! Reducing the risk of bullying Bullying. It doesn’t just happen in the school playground. It’s rife in workplaces across Australia. So what can you do to reduce the risk of bullying in your workplace? Comments are closed.