Crowden v Commissioner for Public Employment

Crowden (the applicant) brought proceedings against the Commissioner for Public Employment (the respondent) in the South Australian Employment Tribunal. The dispute concerned the applicant's dismissal from his employment as a senior project officer with the Department for Infrastructure and Transport. The applicant alleged that his dismissal was harsh, unjust, and unreasonable.

The Tribunal was required to determine whether the applicant's dismissal was harsh, unjust, or unreasonable within the meaning of section 107 of the *Fair Work Act 1994* (SA). This involved considering whether the employer had a valid reason for the dismissal, whether the employee was notified of that reason and given an opportunity to respond, and whether the employer's actions were otherwise harsh, unjust, or unreasonable.

Judge Jarrett found that while the employer had a valid reason for dismissal related to the applicant's performance and conduct, the process followed was flawed. Specifically, the applicant was not afforded a proper opportunity to respond to the allegations against him before the decision to dismiss was made. The Tribunal applied the principles established in cases concerning procedural fairness, emphasizing that a fair process is integral to a just outcome. The employer's failure to provide adequate procedural fairness meant that the dismissal, despite the underlying valid reasons, was found to be harsh and unjust.

The Tribunal ordered that the applicant be reinstated to his former position and awarded compensation for lost remuneration.