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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…

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