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Category Archives: Unfair Dismissal

‘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…

‘Volunteer’ coach not unfairly dismissed

The Fair Work Commission has upheld the objection of a state football federation, after one of its junior coaches decided to make an unfair dismissal claim last year. The coach was the head coach of an under-13 girls football side.  He was required to attend training sessions a number of times a week, as well…

After-hours threat made by manager constitutes serious misconduct

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…

Dangerous conduct justifies serious misconduct termination

The FWC has dismissed an employee’s unfair dismissal claim, after it found that the Employer (an automotive parts franchise) had grounds to dismiss the employee for serious misconduct. The Employee was terminated after he engaged in three incidents of misconduct over three days.  Firstly, it was alleged that the Employee performed a burnout in the…

FWC provides lessons for employers in reinstatement case

The Fair Work Commission has handed down a decision that serves as a reminder to employer’s about some key issues that must be considered when summarily dismissing an employee. In this case, Senior Deputy President O’Callaghan found that a cleaner had engaged in a ‘campaign of disobedience’ when he refused to wear the designated uniform…

November Update – Social media use in the workplace back in the spotlight

After a recent ‘drought’ of cases relating to social media in the workplace, there are two recent decisions in the Fair Work Commission that will be of interest to employers.  Both recent cases involve dismissals that relate to the relevant Applicants making controversial contributions on Facebook, albeit in very different circumstances. The ISIS case Background…

Sharing colleague’s remuneration details not serious misconduct

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…

HR Manager’s conduct results in summary dismissal

This is an interesting and instructive decision of the Fair Work Commission. In this matter the Commission has upheld the summary dismissal of a HR Manager, otherwise highly regarded by the Employer, following an interesting series of events in the workplace. Background The HR Manager (‘Applicant’), who also held additional roles in the business, had…

Full Bench provides guidance on labour hire termination scenario

The Full Bench of the Fair Work Commission has handed down an important decision relating to a labour hire company’s decision to terminate an employee who they were directed to remove from one of their client’s work sites. In this particular case, the Employee had been employed by the labour hire company (‘Company’) and had…

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