A manager has been found to have engaged in serious misconduct after threatening to touch a female colleague’s vagina. The conduct occurred at a team building event. During the event, the Applicant (a manager) is alleged to have become aggressive towards a female colleague. One of the other the employees who witnessed the Applicant’s conduct […]
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 […]
The Fair Work Commission has recently handed down another interesting unfair dismissal decision relating to an employee’s inappropriate use of social media. Facts In this case the Applicant posted to his public profile on Facebook a video that showed an obese woman in her underwear dropping her stomach onto the back of a man in […]
The Fair Work Commission has handed down a decision that serves as a reminder to employer’s about some key issues that must be considered when summarily dismissing an employee. In this case, Senior Deputy President O’Callaghan found that a cleaner had engaged in a ‘campaign of disobedience’ when he refused to wear the designated uniform […]
A renowned bus transport company has failed to have a discrimination application dismissed for lacking in substance in the NSW Civil and Administrative Tribunal. The Administrative and Equal Opportunity Division of NSWCAT heard that the transport company had elected not to employ the Complainant following the Complainant undertaking a medical assessment. The Complainant had applied […]
This month’s update sees sham contracting back in the spotlight, with Judge Cameron of the Federal Circuit Court delivering an interesting decision in relation to a fundraising company’s use of sham contracting arrangements. Background In this case the employer provided fundraising services to charitable organisations and other not-for-profits (‘Fundraising Company’). The worker who was the […]
Not only has the Fair Work Commission (‘FWC’) found that an employee was unfairly dismissed following findings of theft being made against him, but the FWC also awarded the employee significant compensation. In an eye-opening decision for employers, the FWC heard that the flight attendant was dismissed after a small amount of alcohol was found […]
After a recent ‘drought’ of cases relating to social media in the workplace, there are two recent decisions in the Fair Work Commission that will be of interest to employers. Both recent cases involve dismissals that relate to the relevant Applicants making controversial contributions on Facebook, albeit in very different circumstances. The ISIS case Background […]
A frozen yoghurt franchisor (and some of its related entities) have been found liable for one of its franchisee’s underpayment of 4 overseas workers. The Fair Work Ombudsman media release detailed that “The four exploited workers were paid as little as $8 an hour while working at [the employer’s] outlet at the World Square Shopping […]
The Full Bench of the Fair Work Commission has given leave to an employee to appeal a decision made by a single member of the Commission. In this case, the employee was employed from 22 October 2012 until her dismissal on 21 January 2016. Before she was dismissed, the employee alleged that her employer, and […]