Compensation Awarded to HR Manager Dismissed for Refusing Unethical Termination Order

In a recent ruling by the Fair Work Commission (FWC), a Human Resources (HR) manager was awarded $12,807.66 in compensation following her unfair dismissal from Melco Engineering. The case, highlighting significant procedural and ethical breaches, saw the employer absent from the proceedings and providing no defence.

Compensation Awarded to HR Manager Dismissed for Refusing Unethical Termination Order

The HR manager, employed for less than a year, testified that on December 15, the Chief Operating Officer (COO) demanded she and an accountant facilitate the immediate dismissal of a trainee administrator on "any grounds necessary."

The COO allegedly showed no concern for the legal ramifications of an unfair dismissal, indicating a blatant disregard for employment laws.

Shortly after the COO’s directive, the HR manager reported an estimator entered her office to inform her he had been dismissed without any prior warning. Later that same day, the COO terminated the HR manager’s employment, effective immediately.

She was instructed to collect her belongings and return company property before receiving a termination letter confirming her entitlements but providing no reason for the dismissal.

Commissioner Sharon Durham, overseeing the case, noted Melco Engineering's complete lack of engagement in the process. The company neither appeared nor submitted any evidence to counter the HR manager's claims.

As a result, Commissioner Durham applied a Jones v Dunkel inference, assuming Melco’s silence indicated an absence of evidence to dispute the HR manager’s account.

Given the unchallenged testimony and the absence of any valid reason for the dismissal, Commissioner Durham concluded the termination was unfair and ordered Melco Engineering to compensate the HR manager. This case underscores the importance of adherence to fair dismissal procedures and ethical conduct within the workplace.

Employers must recognise the significant legal and financial repercussions of unjust dismissals and ensure all termination actions comply with employment law. This ruling serves as a critical reminder that employees must be treated fairly and with respect, with valid reasons provided for any termination of employment.

Case Reference: Kelly Norgate v Melco Engineering Pty Ltd [2024] FWC 1346 (22 May 2024)

This case reinforces the need for robust HR practices and the protection of employees' rights.

At 1800ADVOCATES, we are committed to supporting individuals facing unfair treatment in the workplace and advocating for justice in employment matters. If you believe you have been unfairly dismissed or have concerns about your employment rights, please contact us for expert guidance and support.