Employers are not always confident on what should be the right process when dealing with late employees; luckily there is an approved example. The employer’s approach in dealing with an employee’s lateness in Todd Allan Rooney v Pickles Auctions  FWC 858 was said to be “commendable” by the Fair Work Commission who upheld the employer’s decision.
The employee car detailer was habitually late to work in the course of 4 year employment – the employer consulted the company’s employee relations staff and discovered six written warnings over that period that termination would result if late attendance continued. Even on the day of termination, the employee was still late. Before termination the employer gave the employee an opportunity to explain his late attendance – reasons which included sleeping through an alarm were not a sufficient explanation.
The employer’s approach to this lateness was approved by the Fair Work Commission, demonstrating that all employers in a similar scenario should:
- Provide warnings for late attendance;
- Where late attendance has been consistent, the employee’s work history should be reviewed to confirm this; and
- Terminate the employment with reasons provided and an opportunity for the employee to explain their late attendance.
For further information or for a consultation to discuss any potential legal issue please contact Jonathan Mamaril, Principal & Director NB Lawyers – Employment Lawyers on 07 3876 5111 or email firstname.lastname@example.org or go to our website www.lawyersforemployers.com.au