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Tag Archives: Fair Work Commission

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…

FWC: Bullying, verbal abuse and sexual harassment did not justify dismissal

This is another case that reminds employers again about the risks associated with providing employees with access to unlimited alcohol at workplace functions.  In this case, the employer was found to have unfairly dismissed the employee despite a long list of incidents at the workplace Christmas party and the subsequent after party. Background The behaviour…

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,…

One year on – a review of the FWCs anti-bullying jurisdiction

The much vaunted anti-bullying jurisdiction of the Fair Work Commission (‘FWC’) has now been in operation for over 12 months.  Commentary on the jurisdiction prior to the commencement of the anti-bullying laws on 1 January 2014 suggested that the FWC could receive up to 3000 applications in the first quarter of operation.  However, the actual…

Breach of cardinal safety rule justifies dismissal

In a recent case before the Fair Work Commission, it was confirmed that breaching a ‘cardinal’ safety rule was a valid reason for dismissing an employee. Interestingly, the employer did not actually rely on the employee’s breach of its safety rules as the reason for his dismissal. Instead it relied on the employee’s repeated dishonest…

FWC give guidance on support person role

A recent decision of the Fair Work Commission’s Full Bench has provided some clarity about the role of a support person in a termination or performance management process. In the decision of Victorian Association for the Teaching of English Inc v de Laps, the Employee resigned from her employment following the initiation of a performance…

Employee awarded $62,000 for unfair dismissal after calling his boss a “w#nker”

In Cronin v Choice Homes, the events leading up to the dismissal began with an office wide email received by Mr Cronin, regarding the business owner’s new Lamborghini purchase.  Mr Cronin responded,  attaching to his reply a document purporting to be his bosses “original resume” and which included, within the hobbies and interests sections reference…

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