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Procedural Fairness

August 14, 2018


The analysis of the procedural blunders in this matter would compel many to once again raise the issue of procedural fairness. In this case, the company’s HR actions led to a judgement against a company that terminated an employee for a VALID reason.

The employee concerned acted in contravention of Company policy. From there on in, the matter was subject to the procedural fairness required by the Fair Work Act.

Procedural fairness was found to be seriously flawed in this matter.

The amount of money awarded is not the issue as the Company is a giant of the transport industry. However, the time and resources expended in such a matter is easily avoided.

Procedure Rock Blog has constantly referred to policies and procedures followed by acknowledgement by all involved. Had such been the case in this matter there would have been no hearing, let alone a judgement against the organisation. Procedure Rock is the solution to this arbitrary approach to procedures. A person’s right to have a support person should not be bastardised in the manner depicted in the evidence in this matter. Process is process.


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Case: Nicholas Jarmain v Linfox Armaguard Pty Ltd [ 2018] FWC 3255 (14th June 2018)

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Consulting/Human Resources Specialost