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Tag Archives: Fair Work Commission

ALERT: Changes to modern awards – commenced 1 November 2018

As part of its 4-yearly review, the Fair Work Commission has made changes to a number of modern awards.  The changes are in relation to payment of wages on termination of employment as well as plain language re-drafting of several standard clauses. The changes take effect from the start of the first full pay period…

Out of hours Facebook Messenger post valid reason for dismissal

The FWC have upheld a company’s decision to dismiss an employee after the employee sent a pornographic video to a number of his colleagues through the Facebook Messenger app. One evening, on the employee’s rostered day off, he received a pornographic video message on Messenger from an old friend he had recently reacquainted with.  Later…

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…

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