Main menu

Tag Archives: Compensation

Employee refuses drug test and wins unfair dismissal claim

The FWC awarded an employee $28,000 in compensation after the employee was dismissed for refusing to take a drug test. The Employee was a pathology collector who, among other things took samples for drug testing purposes.  In March 2016, the Employer received a phone call from a person who said the Employee had been using…

Financial Year Update – Changes from the Fair Work Commission

As the financial year comes to an end, a few significant changes are on the horizon in the Fair Work Commission. From 1 July 2016, we will see the high-income threshold for unfair dismissal matters rise from $136,700 to $138,900.  This means that a non-award employee earning $138,900 or more, will no longer be within…

Employer to pay over $450k for adverse action

The Federal Circuit Court has awarded an employee $415,698 in damages, as well as imposing $50,000 worth of civil penalties on an employer following a finding that the employer changed the status of the employee from full-time to part-time as a result of the employee making a workers’ compensation claim. The Court accepted that for…

Misconduct but still unfairly dismissed

To start off 2016, we thought it might be prudent to revisit one of the more significant decisions handed down in 2015 in which a termination for serious misconduct was determined to be unfair, despite there being a valid reason for dismissal.  In this case, it was the Commission’s comments about compensation that should be…

Attempt to widen motel sex case decision dismissed

In a recent case concerning a tanker driver and his application for workers compensation, Justice Bromberg of the Federal Court of Australia rejected the employer’s interpretation of the much discussed ‘motel sex case’. Motel sex case revisited To understand the implication of this recent case, it is necessary to revisit the details of the famed…

Domestic violence victim found to be unfairly dismissed

An employee and her partner both worked for the same company. They worked in the same office, but did not perform the same tasks or interact to perform their tasks. After returning to Australia from an overseas trip, the employee was subjected to domestic violence by her partner. He took her phone and she said…

Unreasonable performance targets contribute to successful adverse action claim

The Fair Work Commission has recently found that an employer had taken adverse action against its employee when it unilaterally imposed unreasonable performance targets. The employee was employed by a real estate agency in a number of roles throughout her employment. In May 2014, the employee began what became a long health related absence, which…

Employee resigns, and then wins unfair dismissal case

A bus mechanic who resigned from his employment with his employer has been found to have been unfairly dismissed by the Fair Work Commission. In his resignation letter, the employee cited an unacceptable working environment (bullying, harassment and intimidation) and dangerous behaviours (deliberate sabotage of buses) as the reasons for his resignation. The resignation was…

Former directors liable for unpaid entitlements

The Federal Circuit Court has recently awarded compensation to a dismissed employee who had worked for four separate but related entities over the course of 8 years. Two of the companies had been deregistered at the time of the employee’s dismissal, while a third was in liquidation.  This arrangement was alleged by the employee to…

Pregnancy discrimination costs employer $235,000

In the recent case of Sagona v R & C Piccolo Investments Pty Ltd and Ors, the Federal Circuit Court has ordered the employer and its husband and wife owners to pay $235,000 to an employee who was found to have been discriminated against after she announced that she was pregnant. Background The Applicant in…