Archive disciplinary action, Investigation, Sexual Harassment, Unfair Dismissal, Workplace function
The NSW Industrial Relations Commission has ruled that a public servant who admitted to touching five of his colleagues breasts’ at a work Christmas function should be reinstated to his position. The evidence in the case included that the a public servant had consumed a considerable volume of alcohol before attending a workplace function and […]
Archive Adverse Action, Fair Work Ombudsman, Personal Leave, Termination
The Federal Court of Australia has penalised an employer and its director a total of $41,500 following the finding that the employer had taken adverse action against one its employees. Fair Work Ombudsman v AJR Nominees Pty Ltd & Minniti (No 1) In the substantive matter, the Federal Court heard that the employee, who had […]
Archive Employer fined, WHS, Workplace Hazards, Workplace Injury, Workplace Safety
The County Court of Victoria has imposed a $400,000 fine for a work related accident which resulted in the tragic death of a worker. Whilst investigations into the cause of the worker’s death were not conclusive, it was found that the worker slipped into a hole in a walkway that was left as a result […]
Archive Employment Law, Fair Work Commission, support person, Termination
A recent decision of the Fair Work Commission’s Full Bench has provided some clarity about the role of a support person in a termination or performance management process. In the decision of Victorian Association for the Teaching of English Inc v de Laps, the Employee resigned from her employment following the initiation of a performance […]
Archive Breach of duties, Common Law, Dismissal, Negligence, Workplace Conduct
The recent Fair Work Commission decision of John v The Star Pty Ltd provides an insight into just what level of conduct is required to justify the summary dismissal of an employee. Background Mr John had worked for the employer (who operates the Star City Casino Sydney) for just over 5 years as a security […]
Archive Fair Work Commission, Termination, Unfair Dismissal, Workplace Culture
In Cronin v Choice Homes, the events leading up to the dismissal began with an office wide email received by Mr Cronin, regarding the business owner’s new Lamborghini purchase. Mr Cronin responded, attaching to his reply a document purporting to be his bosses “original resume” and which included, within the hobbies and interests sections reference […]
Archive Breach of Contract, Company Credit Card, Employment Contract, Termination
In a decision that demonstrates why all employers should have written employment contracts in place, the Federal Circuit Court has awarded six months’ salary to a General Manger who was terminated after just 13 months service with his employer. In the case of Miller v Sunland Park Pty Ltd & Hutchens, the Court heard that […]
Archive Social Media, Termination, Workplace Policies
In the recent case of Pearson v Linfox Australia Pty Ltd, the Fair Work Commission held that the employee’s dismissal was not harsh, unjust or reasonable, given the string of evidence relating to the employee’s failure to follow company policies and procedures, including his resistance to signing the company social media policy. The employee had […]
Archive Compensation, Depression, Medical Condition, Sexual Harassment, Sexual Harassment Policy
A recent decision by the Federal Circuit Court of Australia has highlighted the significant financial risk to employers where it can be argued that the employer has essentially condoned sexual harassment in the workplace. In the case of Alexander v Cappello & Vekiarellis, Judge Driver heard that the employee had been employed by the employer […]