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Category Archives: Unfair Dismissal

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…

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…

Employment Update – July 2017 – Real Estate Agency awaits compensation order after dismissing an employee because she was pregnant.

A real estate agency in Victoria will wait until a further hearing in October to find out Judge Riley’s decision as to compensation, after it unsuccessfully defended proceedings in the Federal Circuit Court brought by a former administrative assistant (‘Applicant’).  The Applicant alleged that she had been terminated by the real estate agency due 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…

‘Highly offensive’ email sent to client results in fair dismissal

The Fair Work Commission has dismissed an employee’s unfair dismissal application after she inadvertently sent a highly offensive email to a couple of her employer’s key clients. The account manager, who had some 16 years of unblemished service, had been preparing an email to a contractor (whom she also socialised with) about the client. The…

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