Dickson v Downer EDI Works Pty Ltd
At a glance
- 1
What happened
Derek Dickson was employed by Downer EDI Works. On 18 March 2014, Dickson was suspended on full pay. On 16 April 2014, his employment was terminated. Dickson alleged the termination constituted adverse action under the Fair Work Act because he had exercised workplace rights or was temporarily absent from work due to illness.
What was decided
The Court dismissed the application. The judge found that adverse action was not established. Downer EDI Works proved the termination was not taken for a prohibited reason. The termination was for legitimate reasons: Dickson had fallen considerably short of sales targets in prior years and had expressed low motivation and lack of engagement. Additionally, an investigation found Dickson had used inappropriate physical force against a sub-agent on 7 July 2016.
What it means for employers
Employers may terminate employment for poor performance and misconduct even if the employee has exercised workplace rights, provided the employer's stated reason is genuine and not a prohibited reason.
What it means for employees
Workplace rights protections are not absolute. Employees can be lawfully terminated for legitimate reasons such as performance failure and serious misconduct.
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