Posts: summarily dismissed

In the recent unfair dismissal decision of Carmody v Bureau Veritas Minerals Pty Ltd [2025] FWC 259, the FWC has clarified what will (or will not) constitute ‘serious misconduct’ warranting summary dismissal in the context of managing employee performance.

The probation period is commonly used by employers to assess the suitability of an employee for ongoing employment. One of the reasons that the probation period is of benefit to employers is because, when aligned with the minimum employment period set out in the Fair Work Act 2009 (Cth), it allows an employer to end the employment relationship before an employee becomes entitled to protection from unfair dismissal.

Sexual harassment in the workplace has been the subject of significant reform over the past few years, with an even greater onus on employers now to take proactive measures to minimise or eliminate the risk of sexual harassment in connection with work.

The Fair Work Commission has reminded employers about the duty to afford procedural fairness to employees prior to dismissal.