A recent Fair Work Commission (FWC) decision highlights why farm businesses must follow fair dismissal procedures and communicate clearly with workers, especially when cultural or language barriers exist.
What Happened
A dairy factory dismissed a food processing worker by email, giving one week’s notice and saying he did not suit the work. The employee, who spoke limited English, was not warned in advance or given a chance to respond.
According to the employer, ongoing complaints from supervisors about the employee’s behaviour led to his redeployment across different work areas, and he was later given a written warning for his conduct. However, the company had no written records of complaints, investigations, or witness statements to support these claims.
The Commission’s Findings
The FWC found the dismissal harsh, unjust and unreasonable under the Fair Work Act 2009 because:
- No valid reason was clearly established. There was no documented evidence of conduct serious enough to warrant dismissal.
- No opportunity to respond. The worker was not told of the specific allegations or given a chance to explain.
- No support person. Due to no meeting taking place, the worker could not bring a support person to any discussion about his dismissal.
- HR experience didn’t excuse poor process. The business was medium-sized, had a dedicated HR manager and should have known the correct procedure.
- Language and cultural barriers were not addressed. The worker’s limited English meant directions and warnings may not have been fully understood.
As a result, the worker was reinstated and awarded $18,035.56 in lost wages.
Key Takeaways for Employers
- Document everything: Keep detailed written records of meetings with employees, complaints received, warnings and investigations.
- Give notice and the right to respond: Clearly explain the reasons for potential dismissal, allow the employee to respond, and consider their response before making a decision.
- Allow a support person: Offer the employee the chance to have someone present in any disciplinary meetings, including the outcome meeting.
- Be mindful of language and culture: Ensure employees understand expectations and warnings, especially where English is limited.
- Always follow a fair process: You must follow proper dismissal procedures to ensure the decision is lawful and defensible.
Whether you run a dairy, broadacre, or horticultural farm, you must follow the applicable industrial relations laws when ending employment. All farms are required to ensure procedural fairness in the termination process, whether governed by the Fair Work Act 2009 (Cth) as a farm under the Federal system or the Western Australian Industrial Relations Commission (WAIRC) system, as a farm under the WA State system.A well-documented, transparent process protects both the business and the worker, and avoids costly reinstatement orders and compensation.
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