BWS worker’s job reinstated by Fair Work

Amongst the various cases and decisions handled by the Fair Work Commission, a recent decision stands out that should be a cautionary example for all employers when it comes to ensuring that rules are clearly communicated plus understood.

In this case, an employee at a BWS store in Tasmania was terminated due to her use of a roller door to prevent thieves from entering the store, but due to the miscommunication from her employer, the commission ultimately ruled in her favour.

The termination

As mentioned above, the incident in question involved the employee using a roller door to stop two thieves from entering the store, which resulted in her being called “The Enforcer” by her coworkers. A sticker displaying the nickname was even stuck on the roller door and allowed to stay by management, further reinforcing that her behaviour was accepted.

When another incident arose and she used the roller door to deter the offenders, she was terminated by BWS as they believed her actions could have harmed her or other people.

The Fair Work Commission’s decision

After being terminated, the employee took her case to the Fair Work Commission, which ultimately ruled in her favour. She stated that she hadn’t been advised against using the roller door, nor had she been given warnings, under the impression that her behaviour was supported by management. Due to the lack of proper communication regarding company rules, The Fair Work Commission ruled that she was entitled to get her job back alongside fifty per cent backpay.

The implications for employers

This case demonstrates that employers cannot just assume that company rules have been communicated to staff. As an employer you need to ensure that rules have been clearly communicated and understood by your team, as taking disciplinary action against them without clear instructions could land you into trouble with Fair Work. You also must ensure that management is enforcing and communicating rules clearly to your employees.

If you require guidance on remaining compliant when dealing with employee disciplinaries and terminations, we provide a 24/7 employment relations line as part of our HR software packages suited across a variety of businesses. To find out more book a free demo with our team today!