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Tag Archives: Fair Work Commission

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…

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…

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…

ALERT – FWC ANNOUNCES MINIMUM WAGES INCREASE OF 2.4%

The Full Bench of the Fair Work Commission has today determined to increase the National Minimum Wage by 2.4%. In its reading of the decision, the Full Bench noted that there was generally a positive outlook in terms of the Australian economy, and that whilst the increase should not result in ‘inflationary pressure’ or impact…

Another employer fails to establish serious misconduct

Another employer has failed to satisfy the Fair Work Commission on the issue of serious misconduct. In this case , the Applicant was an internationally renowned rifleman and IT Manager. In July 2015, a friend of the Applicant attended the carpark of the Applicant’s workplace with the intention of discussing a rifle part with him.  Critically,…

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…

Formal ‘stop bullying’ order made by Fair Work Commission

The Fair Work Commission has handed down a rare ‘stop bullying’ order after a formal finding that two employees had been bullied. The employees each made an application for an order to stop bullying under s.789FD of the Fair Work Act 2009 (Cth) (Act).  They were employees of a relatively small real estate business which…