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Fired For Gossiping
Fair Work rules in favour of child care worker - workplace policies and procedural guidelines worth considering

In interesting news for child care professionals Fair Work Australia ruled in favour of a child care worker dismissed for alleged gossiping with colleagues last month.

Group Leader, Ms Tara Davies, was sacked for allegedly breaking the company's policy on backbiting, which the company said was in effect to prevent staff gossiping about each other maliciously.

In a meeting with her bosses in June 2010 Ms Davies was told other staff members had accused her of backbiting and according to news reports she left the meeting assuming she had been sacked.

However centre managers disputed this claiming she had abandoned her job.

Fair Work Australia commissioner John Ryan ruled in favour of Ms Davies claiming she was sacked after centre managers told other staff she had been fired for backbiting.

Mr Ryan said that while the child care centre was a small business, which makes it easier to fire staff*, its policy on backbiting was an "extremely blunt instrument" which did not clearly define what backbiting was.

In an article in the legal section of StartUpSmart.com.au Andrew Douglas, a principal of Macpherson & Kelly Lawyers said that if the policy defined and differentiated minor gossip from malicious gossip it could have been effective.

“The gossiping itself was not worthy of instant dismissal but the decision… reaffirms the rules around the development, implementation and enforceability of policies and procedures.”

Mr Douglas said the one-size-fits all policy permitting no graduated response to misconduct was “patently unfair”.

Mr Douglas says employers must ensure the following when developing workplace policies and procedural guidelines:

Policies and procedures must be capable of being reasonable and lawful directions.
To be reasonable and lawful, the policies and procedures must:
2.1 not contain unlawful content;
2.2 be clear with essential elements defined;
2.3 have their purpose made clear and be reasonable;
2.4 be understood by the employees.
The implications of breach must be understood.
All workplace behaviour policies should be linked to a code of conduct.
Employees must be inducted and regularly trained in the policies and procedures.

The tribunal awarded Ms Davies $9,480 in compensation.

*The Federal Government's small business code allows employers to fire staff without notice when there has been a case of serious misconduct.

Sources: News.com.au, StartUpSmart.com.au