Main menu

Tag Archives: Dismissal

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…

FWC upholds dismissal of bully, despite no formal complaint

In this case, the Applicant was dismissed for bullying a colleague.  In the incident that led to the termination, it was alleged that the Applicant, together with two other employees, upon leaving the workplace “…deliberately drove their cars in such a way to block [the victim] from being able to make a right hand turn…

Mine operator reinstated but not compensated in unfair dismissal decision

A Mine Grader Operator has been successful in being reinstated to his job, but the Fair Work Commission denied him compensation for the period in which he was without a job, stating that the employee must accept “a substantial degree of responsibility for the financial consequences of his dismissal”. The employee was terminated following an…

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…

‘Depressed’ employee fails in adverse action claim

An employee who was dismissed for being unable to perform the inherent requirements of her role has failed to establish to the Federal Circuit Court’s satisfaction that the employer dismissed her because she was depressed. Background The employee, who commenced employment with the health services industry employer in 2011, was employed as an on-site Turkish…

Flagrant abuse of Employer’s travel policy justifies summary dismissal

An employee who claimed a blender, Australia Day t-shirt, boxer shorts and bathmats on his company credit card has had his unfair dismissal claim dismissed after he was summarily dismissed for breach the employer’s policy. The employer had a travel policy that provided that ‘reasonable, necessary and duly documented expenses’ incurred during a business trip…

Dismissal fair for undisclosed romance

The Fair Work Commission has recently ruled that a bank manager’s failure to disclose a relationship with a subordinate, and then his lying about the existence of a relationship to his manager, was a valid reason for termination of his employment. Facts The employee was a bank manager of one of the large banking institutions…

Working for customer whilst on annual leave is no conflict of interest

A delivery driver who had his employment terminated for working for one of his employer’s customers whilst on annual leave has won his unfair dismissal case before the Fair Work Commission. The employee worked for a glass manufacturing business as a delivery truck driver. When the employee asked to take a period of annual leave,…

Leaking confidential information costs RSPCA manager his job

The Fair Work Commission has dismissed an employee’s application for unfair dismissal after the employee provided confidential documents belonging to his employer to his union and to a journalist. The employee was also found to have made disparaging remarks about the CEO of the organisation to other employees. As a result of the employee leaking…