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 […]