Unfair Dismissal Application

May 30, 2018

EMPLOYMENT UPDATE
Recent employment law decisions provide timely guidance for employers

Awards and Employee Entitlements, Misconduct, Policies and Procedures, Termination of Employment, Underpayment Claims, Unfair Dismissal, Workplace Health & Safety Dismissal, Employee Entitlements, Employer fined, Fair Work Commission, Pregnancy, Safety Breach, Social Media, Unfair Dismissal Application, Workplace Safety

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 […]

October 20, 2017

Supervisor fairly dismissed for indecently exposing himself… twice

Archive Fair Work Commission, Investigation, Unfair Dismissal Application

A wholesale floristry company has successfully defended the unfair dismissal application of a former supervisor. The Fair Work Commission heard that in March 2017, the Supervisor was involved in two incidents, six days apart. In the first incident, two employees advised the Employer of an incident where the Supervisor had “unzipped his pants, removed his […]

February 15, 2017

After-hours threat made by manager constitutes serious misconduct

Archive Serious Misconduct, Unfair Dismissal Application

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 […]

October 30, 2016

Sharing colleague’s remuneration details not serious misconduct

Archive Fair Work Commission, Misconduct, Unfair Dismissal Application

The Fair Work Commission have again demonstrated the high threshold of conduct required to justify a termination for serious misconduct. In a recent case, an employer dismissed an employee for sharing a photo of a colleague’s employment contract with another employee. The employee (‘Applicant’) was ultimately dismissed without notice on the basis that his conduct […]

May 18, 2015

The beard goes, or you go

Archive Beard, Personal Grooming, Unfair Dismissal Application, Workplace Safety

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 […]

May 7, 2015

‘Boys being boys’ defence rejected by FWC

Archive Agressive Behaviour, Misconduct, Termination, Unfair Dismissal Application

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. […]