Unfair Dismissal

October 30, 2019

EMPLOYMENT UPDATE
To Post or not to Post? Social Media Roundup – Lessons from Recent Cases

Policies and Procedures, Unfair Dismissal Discrimination, Dismissal, Misconduct, social media policy, Termination, Unfair Dismissal

This month we look at employee use (or misuse) of social media. We examine some recent cases and highlight some tips for employers to help manage similar issues. Social media – where are we now? There has been growth in the number of Court cases relating to the use (or misuse) of social media by […]

November 16, 2018

ALERT!
Changes to modern awards – commenced 1 November 2018

Awards and Employee Entitlements Adverse Action, Employee Entitlements, Fair Work Commission, Fair Work Ombudsman, FWC, General Protections Claim, Termination, Unfair Dismissal

As part of its 4-yearly review, the Fair Work Commission has made changes to a number of modern awards. The changes are in relation to payment of wages on termination of employment as well as plain language re-drafting of several standard clauses. The changes take effect from the start of the first full pay period […]

May 31, 2017

Childcare centre slammed by FWC for ‘capricious, fanciful and prejudiced’ dismissal

Archive Childcare Centre, Termination, Unfair Dismissal

The Fair Work Commission has ordered near maximum compensation of close to $30,000 to the former director of an early childhood centre. This followed a finding that the employer had effectively created a reason for the centre director’s termination after terminating her employment. Disturbing factual background to the dismissal The employer operated a number of […]

January 31, 2017

Dangerous conduct justifies serious misconduct termination

Archive Serious Misconduct, Unfair Dismissal

The FWC has dismissed an employee’s unfair dismissal claim, after it found that the Employer (an automotive parts franchise) had grounds to dismiss the employee for serious misconduct. The Employee was terminated after he engaged in three incidents of misconduct over three days. Firstly, it was alleged that the Employee performed a burnout in the […]

August 18, 2016

FWC says employee engages in ‘mortal sin’, however dismissal still unfair

Archive Misconduct, Termination, Unfair Dismissal

In this month’s Update we examine a recent case where an employee found to have committed an act of serious misconduct was still successful in his unfair dismissal application to the Fair Work Commission. Outline of Facts: The Applicant in this case was the manager of a well-known shoe store chain in a suburb of […]

August 2, 2016

Lack of consistency counts against employer in unfair dismissal claim

Archive Reinstated, Termination, Unfair Dismissal

An employer has failed in defending an unfair dismissal claim, with the consistency of its disciplinary action, for this employee as against others, called into question. In late 2015, a group of employees took industrial action against the employer in relation to enterprise agreement negotiations. The Applicant employee in this case left a voicemail message […]

July 22, 2016

Mine operator reinstated but not compensated in unfair dismissal decision

Archive Dismissal, Fair Work Commission, Termination, Unfair Dismissal

A Mine Grader Operator has been successful in being reinstated to his job, but the Fair Work Commission denied him compensation for the period in which he was without a job, stating that the employee must accept “a substantial degree of responsibility for the financial consequences of his dismissal”. The employee was terminated following an […]

May 11, 2016

Another employer fails to establish serious misconduct

Archive Fair Work Commission, Serious Misconduct, Unfair Dismissal

Another employer has failed to satisfy the Fair Work Commission on the issue of serious misconduct. In this case , the Applicant was an internationally renowned rifleman and IT Manager. In July 2015, a friend of the Applicant attended the carpark of the Applicant’s workplace with the intention of discussing a rifle part with him. Critically, […]

March 16, 2016

Tolerating poor performance an employer’s peril

Archive FWC, Performance, Unfair Dismissal

An employer who terminated an employee for poor performance has lost an unfair dismissal case before the Fair Work Commission and was criticised for its tolerance of the employee’s poor performance. The employee was terminated for poor performance reasons. The employer relied on the employee’s failure to follow water quality monitoring and reporting procedures over […]

November 19, 2015

Get your facts straight or risk unfair dismissal

Archive FWC, Safety Breach, Speeding, Termination, Train Driver, Unfair Dismissal

A large rail industry employer has been ordered to reinstate a train driver after he was dismissed for what the employer deemed were breaches of safety protocols. The first incident relied upon for the termination was the employee leaving his co-driver behind after she disembarked the locomotive for a toilet break. The co-driver was found […]

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