The importance of diligent record keeping was highlighted recently, when a court found email evidence showing that an employee's employment had ended for performance reasons, and not for complaining of bullying and harassment.
The applicant was employed from 1 October 2009 to 8 December 2010. When he commenced his employment, he reported to the General Manager of the People and Culture Division. Between May and September 2010, the employee made various complaints to his supervisor and to a General Manager, alleging that another manager had been bullying and harassing him.
The applicant told the court that there were multiple 'flashpoints' in his dealings with the two managers. He claimed he was shouted at and intimidated in a meeting, and that one of the managers, who communicated mainly by email, had sent him insulting messages in an effort to 'harass, intimidate and put pressure on him to leave his employment'. As a consequence of this alleged harassment, the employee said that he exercised a workplace right under the general protection provisions of the Fair Work Act by making a complaint, and that the employer took adverse action against him by terminating his employment for reasons related to his complaints.
The Federal Magistrate noted an email exchange between the CEO and a senior employee prior to the dismissal which showed that the main concern with the worker was his relationships with stakeholders. He therefore accepted the employer's claims that the employee was dismissed for failing to build and sustain relationships with internal and external service providers, and not for exercising a workplace right.
It is prudent to record and be able to evidence valid reasons for a dismissal to resist applications alleging "tainted" reasoning.
Sources:
Stevenson v Air services Australia [2012] FMCA 5
Workplace Express
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