Some Extended Grounds for on-the-spot Dismissals from Employment. Common Law or Local Rules?

A State-funded Welfare agency in Victoria has produced for its staff a Contract of Employment which includes some novel grounds for summary dismissal. The paper examines those contractual terms and analyses them for enforceability at Common Law and under the Industrial Relations Reform Act 1993 (Commonwealth). Particular attention is paid to the requirements for procedural fairness under the Act (Sec 170DC/DB) and the employee's performance as distinct from capacity.