Performance Misconduct and Termination of Employment
No adverse action in dismissing injured worker
The Federal Magistrates Court has ruled the Federal Department of Health and Ageing (Department) did not breach the general protection provisions of the Fair Work Act 2009 (Act) when it terminated the employment of an injured worker who was given several opportunities to exercise her workplace right to a re-examination of her retirement on the grounds of incapacity. Read More...
Worker resigned ‘at his own volition’ over facial hair
Fair Work Australia (FWA) has rejected an unfair dismissal claim by an engineer who chose to resign rather than shave his beard when requested by his employer to comply with a new safety policy. Read More...
Employee sacked for refusing to answer questions
The termination of an employee has been upheld by Fair Work Australia (FWA) after the employee refused to answer questions about a potential conflict of interest. Read More...
Harsh to dismiss worker, despite high alcohol reading
In a recent decision, Fair Work Australia has reinstated an employee of Dux Hot Water who was dismissed for breaching the employer’s drug and alcohol policy by exceeding the alcohol limit in the policy by four times in a random drug and alcohol test. Read more...
Facebook related dismissal upheld
The most recent decision to be published by FWA in relation to a Facebook related dismissal is that of Damien O’Keefe v Williiams Muir’s Pty Ltd T/A Troy Williams The Good Guys. Read more...
The importance of having a Valid Reason
Recently the Full Bench of Fair Work Australia emphasised the importance of having a “valid reason” when dismissing an employee. Read more...
Understanding Casual Employee Rights to bring Unfair Dismissal Claims
Employment legislation has for a long time entitled casual employees to bring an unfair dismissal claim. However, the wording of the Fair Work Act (“Act”) has broadened this entitlement in more than one way. Read more...
Contractors can also make adverse action claims against the Principal Employer
Under the Fair Work Act 2009, there’s the ability for a person to make a claim for ‘adverse action’. Generally speaking, adverse action is where an employer takes action against an employee because the employee has exercised a workplace right, or due to a discriminatory ground, etc and that action is to the detriment of the employee. Importantly, Fair Work Australia (‘FWA') recently confirmed in a decision that these general protection provisions also extend to contractors. Read more...
Workplace Policies and Unfair Dismissals
Relying on a workplace policy to dismiss an employee is not as straightforward as it may seem. Having a policy is one thing but ensuring it remains ‘enforceable’ is another. Once a policy is in place, it is only effective if adequately communicated to employees. Read more...
The onus for small business with serious misconduct
If you’re a small business employer and you’re confronted with serious misconduct in your workplace, it’s important to use the Small Business Fair Dismissal Code when terminating an employee who has been employed for 12 months or more. Read more...
Employer wins on alcohol related dismissal
In a case highlighting the importance of effective workplace polices, FWA has upheld the decision of an employer to dismiss an employee for breaching the company’s zero tolerance policy on alcohol. Read more...
Casual Employees and Protection from Unfair Dismissal
Did you know that casual employees now have greater protection from unfair dismissal?
Where previous legislation concentrated on determining whether or not an employee was a ‘true’ casual employee before deciding whether they were protected from being unfairly dismissed, the Fair Work Act 2009 has set different conditions. Read more...
Constructive Dismissal: What Is It?
Many Employers are under the impression that if an employee resigns, they are safe from unfair dismissal claims, but there are situations that arise, where an employee may successfully institute an unfair dismissal claim despite the fact they’re the ones who terminated the employment relationship. Read more...
Using The Small Business Fair Dismissal Code
Fair Work Australia (FWA) has recently warned against the strict reliance on the Small Business Fair Dismissal Code and Checklist indicating that it is not an exhaustive checklist of procedural obligations and considerations required to be undertaken by an employer. Read more...
The ‘unfairness’ of some Unfair Dismissal Claims
The process for employees commencing Unfair Dismissal Claims is simple and inexpensive. It costs $59.50 for an employee to lodge a claim and they can represent themselves, with no need to consult legal representation or advice as to whether they have a legitimate claim. Read more...
Maximum compensation payout for a valid dismissal
Whilst a valid reason may exist for dismissing an employee, the dismissal can still be ‘unfair’ and result in an order for maximum compensation. Read more...
