In March 2013, the Fair Work Commission found in Taleski v Virgin Aust that Virgin should reinstate Mr Taleski after having fired him for having long hair in contravention of their grooming policy. The key issues from the case are:
- The reasons for an individual’s non-compliance with a policy are important (in this case Mr Taleski had a medical condition which made him not want to cut his hair);
- If an employee claims medical reasons for non-compliance with a policy/obligation, that should be looked into by the employer; and
- Policies are to be applied consistently.
The Helpful Lawyer