The Fair Work Commission’s decision in Chandler v Bed Bath ‘N Table is an example of a hasty disciplinary process contributing to an unfair outcome.
Ms Chandler was a casual sales assistant at the Essendon Ben Bath ‘N Table store who was the subject of several misconduct allegations. She was invited to attend a disciplinary meeting about those allegations and told she could bring a support person with her. A series of communications then took place by phone and email between the employer’s HR team and Ms Chandler. Significantly:
The Commission observed that, “the reasonable response would have been to delay the meeting … This would have allowed the Applicant time to get another support person.” This, and other, factors led the Commission to find that Ms Chandler had been unfairly dismissed. The decision is another example that, in misconduct investigations, more haste can often lead to less speed. While investigations should be completed promptly, rescheduling meetings is often appropriate. In most cases the delay can be minor (as little as a day or two) and it will often save time in the long run.
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