ER Practice Guide Conduct & performance

ER Practice Guide

Training material on performance and conduct matters that can lead to dismissal under the Fair Work Act 2009 (Cth). Training material only — not legal advice. This guide is educational and does not replace checking current legislation, applicable industrial instruments, workplace policies, evidence or case-specific advice.

Start hereFrame a matter before choosing a legal pathway.Parallel pathwaysScreen for overlapping legal and workplace issues.GlossaryPlain-language definitions of recurring terms.

Tier 1: Foundations

  1. Who can claim
  2. General protections
  3. Agreements and policies
  4. Notice and summary dismissal

Tier 2: The s.387 test

  1. Valid reason
  2. Notification and response
  3. Support persons
  4. Performance warnings
  5. Other relevant matters

Tier 3: Situations

  1. Drug and alcohol
  2. Safety breaches
  3. Bullying, harassment and sexual harassment
  4. Medical capacity and inherent requirements
  5. Absenteeism and abandonment
  6. Social media and out-of-hours conduct
  7. Dishonesty and falsified records

Tier 4: Running a matter

  1. Investigations
  2. Stand-down and suspension
  3. Records that stand up
  4. Commission proceedings
  5. Remedies and risk
  6. Escalation