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Safety Breach

EMPLOYMENT UPDATE

Recent employment law decisions provide timely guidance for employers

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This month we look at two recent decisions in the employment law space.  The first decision relates to an employer’s decision to terminate an employee for breaching a cardinal safety rule.  The second decision relates to the reprehensible conduct of an employer who failed to pass on an employee’s paid parental leave entitlement. Use of […]

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Get your facts straight or risk unfair dismissal

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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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Unfairly dismissed despite serious safety breach

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In this case, an employee dismissed for a significant breach of safety procedure has been successful in his unfair dismissal application. Facts The employee was engaged by the employer on one of the country’s largest natural gas operations. The employee was appointed to the role of Acting Permit Coordinator in 2012.  He was subsequently terminated […]

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Breach of cardinal safety rule justifies dismissal

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In a recent case before the Fair Work Commission, it was confirmed that breaching a ‘cardinal’ safety rule was a valid reason for dismissing an employee. Interestingly, the employer did not actually rely on the employee’s breach of its safety rules as the reason for his dismissal. Instead it relied on the employee’s repeated dishonest […]

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