The Fair Work Commission has dismissed an unfair dismissal application made by an employee involved in a physical altercation with another employee. The feature of this claim was that the Applicant proceeded to claim that he had been the victim of workplace bullying. In short, after a verbal exchange between the Applicant and another employee, […]
An employee and her partner both worked for the same company. They worked in the same office, but did not perform the same tasks or interact to perform their tasks. After returning to Australia from an overseas trip, the employee was subjected to domestic violence by her partner. He took her phone and she said […]
This is another case that reminds employers again about the risks associated with providing employees with access to unlimited alcohol at workplace functions. In this case, the employer was found to have unfairly dismissed the employee despite a long list of incidents at the workplace Christmas party and the subsequent after party. Background The behaviour […]
The Fair Work Commission has recently found that an employer had taken adverse action against its employee when it unilaterally imposed unreasonable performance targets. The employee was employed by a real estate agency in a number of roles throughout her employment. In May 2014, the employee began what became a long health related absence, which […]
Three employees who were terminated after CCTV footage captured them finding and taking uniform items from an open cardboard box in their workplace have been reinstated by the Fair Work Commission. The employees were initially stood down by their employer pending an investigation into the conduct. During the investigation the employees were represented by their […]
The Fair Work Commission has recently ruled that a bank manager’s failure to disclose a relationship with a subordinate, and then his lying about the existence of a relationship to his manager, was a valid reason for termination of his employment. Facts The employee was a bank manager of one of the large banking institutions […]
A bus mechanic who resigned from his employment with his employer has been found to have been unfairly dismissed by the Fair Work Commission. In his resignation letter, the employee cited an unacceptable working environment (bullying, harassment and intimidation) and dangerous behaviours (deliberate sabotage of buses) as the reasons for his resignation. The resignation was […]
A recent case before the Fair Work Commission has highlighted the difficulties associated with establishing that an employment contract has been frustrated resulting in the termination of the employment relationship. Facts The employee had worked as a Teacher and then Religious Education Coordinator in secondary schools for the Catholic Education Office for over 35 years. […]
The Fair Work Commission has dismissed an underground truck driver’s unfair dismissal application after his employment was dismissed following his refusal to shave off his beard. The employee had been employed by a major mining operator for 6 years and had worn the goatee and moustache since he was 19 years old. His employment was […]
The Fair Work Commission has rejected an employee’s application for an extension of time to lodge his unfair dismissal application in a case involving the employee holding a broken bottle to a colleague’s throat. In considering the merits of the employee’s application, the FWC heard that the employee was drinking with a group of colleagues. […]