Maddocks advised Deakin University, which is ranked among the top 1 per cent cent of universities across the world, on a complex, unfair dismissal application in relation to a longstanding employee. The decision appeared in Jessica Chin King Saw v Deakin University [2022] FWC 3284.

We advised Deakin University, which is ranked among the top 1% of universities across the world, on a complex, unfair dismissal application in relation to a longstanding employee whose dismissal related to her underperformance. Typically, satisfying the Fair Work Commission that an employee’s underperformance amounts to a valid reason is a more difficult task than demonstrating the seriousness of the misconduct.

Maddocks prepared the University’s submissions and witness evidence and appeared at the hearing before the Fair Work Commission. Our team worked closely with the University’s in-house legal team, along with their People and Culture team, to prepare the submissions and witness evidence for four witnesses. This close collaboration with the University allowed us to understand the processes and supports implemented and allowed us to best represent Deakin at the hearing.

Our team’s strong advocacy skills enabled us to elicit the evidence from witnesses of a robust performance management approach and a procedurally fair process, which resulted in a successful outcome for the University. The University acknowledged the high quality of our submissions, witness evidence, witness management and overall approach to the matter, along with the close working relationship we fostered throughout the process.

The Maddocks team was led by Michael Nicolazzo, Partner and assisted by Senior Associate Christopher Charalambous and Lawyer Jessica Mourney.