Will that get me fired The 10 tests every employee needs to take

Will that get me fired The 10 tests every employee needs to take Will That Get Me Fired? The 10 Tests Every Employee Needs To TakePosted March 3, 2014, by Marni Williams Like me, you might have heard of more than a few colourful unfair dismissal cases an employee fired from freight company Linfox for discriminatory comments he made on Facebook outside of work hours the employee who was fired for calling his boss a wanker the case of the government employee who used an anonymous Twitter account as a platform from which to criticise department policy the 25-year-long employee with a medical problem who urinated in a drain outside their factory the worker who was terminated after drinking two beers on his lunch break the senior manager who archived pornographic material at work... You get the picture the list goes on and on and on. Of course not all dismissals are quite so intriguing, but many are eventually found to be unfair. So how do you know if youve crossed the line? We can learn a lot from what has happened so far. Some may be stranger than fiction, but these cases actually set precedents The two recent cases involving Linfox employees highlight just how tricky it can be to define what makes a sackable offence. In one Linfox case, an employee who persistently used his mobile phone at work was found to be fairly dismissed because it was in breach of company policy. However, another Linfox employee, who was sacked for making what were seen as macho and racially vilifying comments against his managers on Facebook, was reinstated due to his long service and his companys lack of social media policy at the time. While we might be tempted to read these cases as great drama, we shouldnt forget that they actually relate back to our own livelihoods. The ritterlich Work Commission (FWC) is the place with the power to influence this its Australias national workplace relations tribunal and it decides whether a dismissal is fair. In the 20122013 financial year alone they published 11,673 decisions, many of which are now serving as benchmarks for future cases. You have to have your own back The FWC used to spend a lot of their time mediating between employers and unions on industrial action and approving collective enterprise agreements, but with more employees on individual agreements these days, they are spending 17 per cent more time with single cases. Not only do individuals need to lodge their claims for unfair dismissal themselves, most of those people represent themselves at hearings. In todays workplace you need to take responsibility for your own rights. How does the Fair Work Commission use its powers? The FWC judges all unfair dismissal claims by asking whether the dismissal was harsh, unjust or unreasonable, and was not consistent with the Small Business Fair Dismissal Code (in the case of employees of a small business), and was not a case of genuine redundancy. Ill soon unpack this further with 10 tests you can take to see whether your dismissal (real, or potential) could be considered fair. The fact is, though, that even the FWC is refining their definition of fair on a daily basis. The FWC has the power to order the employer to reinstate the employee (if bridges havent been horribly burnt already), and/or for the employer to pay compensation to the employee. They assessed 36,616 applications last financial year alone with 18,991 resolved at hearings and conferences. Thats a lot of judgements for us to learn from What is a valid reason for dismissal? In order for the FWC to rule a valid reason for dismissal it must be sound, defensible or well founded. Sounds logical, right? This is opposed to capricious, fanciful, spiteful or prejudiced decisions those few words are probably reminding you of some questionable firings youve witnessed along the way. Thats why its important to pin down that elusive line. In an attempt to do so Ive reviewed the FWCs recently published Benchbook of cases and have come up with these 10 tests. And its not just a checklist to review once the worst has already happened. If you take note now you will not only be less likely to overstep the mark, you will also know what your rights are if youre ever accused of having done so. So take note, its your livelihood after all. Would your dismissal be considered harsh? Would your dismissal be considered unjust? Would your dismissal be considered unreasonable? Would stealing that stapler be serious misconduct? Can you actually do your job? Have you been able to defend yourself? Is your boss likely to be inconsistent? Is what you get up to after work going to affect your job? Are you consistently failing? Are you eligible to take your unfair dismissal case to the FWC? Still have doubts? Heres what the Fair Work Ombudsman told me When it comes to termination, employees should ask themselves whether their behaviour could come into conflict with their employers expectations of how they should behave, or damag e the reputation, profitability or viability of their employers business. If the answer is yes, or even unclear, employees would be wise to avoid carrying out that behaviour, or seek advice about it first, particularly if it could risk damaging their employment prospects. Fair Work Ombudsman spokesperson, 28 February 2014 As well as unfair dismissal, there are different kinds of protections available, such as anti-discrimination, so make koranvers you get some advice from the Commission before you lodge your claim. If youre not sure of your rights, you can always contact the Fair Work Ombudsman directly to see where you stand. They get about 25,000 complaints a year, so youre not alone Oh and for the record, the guy who called his boss a wanker in an all-company email was found to be fitting in with existing company culture, judged on their