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Category Archives: Misconduct & Termination

Employment Update – July 2018 – Workplace bullying, performance management, and dismissals being effected “in person”

This month we examine a case which considered the definition of bullying and also commented on what constitutes reasonable performance management. We also briefly look at a case where an employer dismissed an employee by email. What constitutes bullying under the Fair Work Act 2009 The Fair Work Commission recently dismissed an anti-bullying order sought…

Out of hours Facebook Messenger post valid reason for dismissal

The FWC have upheld a company’s decision to dismiss an employee after the employee sent a pornographic video to a number of his colleagues through the Facebook Messenger app. One evening, on the employee’s rostered day off, he received a pornographic video message on Messenger from an old friend he had recently reacquainted with.  Later…

Employment Update – October 2017 – Employee lies about qualifications: Unfair dismissal but no compensation

The Fair Work Commission has recently delivered another instructive decision for employers.  The decision again brings into the spotlight the threshold for establishing serious misconduct, but also provides a significant deterrent to employees who lie about their qualifications. In this case the Applicant was employed as Finance Manager for a not for profit group of…

Supervisor fairly dismissed for indecently exposing himself… twice

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…

FWC slams employer for treatment of injured employee

This particular case involved an employee who was required to have an extended unpaid absence from her employment as a cleaner following complicated surgery to her ankle. About four months after the surgery, a representative of the employer had a discussion with the Applicant about her medical condition and her prospects of a return to…

Employment Update – May 2017 – Childcare centre slammed by FWC for ‘capricious, fanciful and prejudiced’ dismissal

The Fair Work Commission has ordered near maximum compensation of close to $30,000 to the former director of an early childhood centre.  This followed a finding that the employer had effectively created a reason for the centre director’s termination after terminating her employment. Disturbing factual background to the dismissal The employer operated a number of…

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