Details 

Created: 14 November 2019

The Commission has partially granted a claim made by a restaurant manager who was summarily dismissed from his employment with The Local Shack Mandurah.

The applicant had been dismissed following an incident that occurred on 27 January 2019 where a shortage of rostered staff caused wait times at the restaurant to be blown out, and, because the applicant had not completed a required set of computer manuals or modules.

Commissioner Matthews considered that a summary dismissal by an employer is justified in instances where an employee's behaviour is so serious that dismissal without notice is appropriate. The Commissioner considered whether the applicant's summary dismissal was an appropriate response in all of the circumstances and determined that it was not. However, Matthews C concluded that the evidence suggested that the applicant could not have survived the six-month probation period.

Matthews C then found that a clause in the contract, relating to notice periods, would not apply because the applicant had not completed his probation period and resolved that the applicant was entitled to reasonable notice of one week.

The decision can be read here.