Workplace rights; the benefit of the doubt

As a matter of principle, neither the conviction of an employee for a criminal offence or a crime, nor the laying of charges alleging same (in this particular case being an accessory to murder after the fact) is by itself a valid reason for the dismissal of an employee, whether by a small business or a larger employer; there must at the very least be a reasonable investigation conducted, and the provision of procedural fairness to the person concerned. In this case the Fair Work Commission did accept that the reasons for the dismissal by the small business did constitute a valid reason for dismissal because the business was in a small town and its population could well have been influenced to sever custom from the business because of the laying of the charge against the apprentice butcher, but because the employee had been denied procedural fairness, the Commission found the dismissal to be relevantly unfair and awarded the employee a sum equivalent to six weeks’ wages
Deeth v Milly Hill ty Ltd (2015) FWC 6422.