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Tag Archives: FWC

Tolerating poor performance an employer’s peril

An employer who terminated an employee for poor performance has lost an unfair dismissal case before the Fair Work Commission and was criticised for its tolerance of the employee’s poor performance. The employee was terminated for poor performance reasons. The employer relied on the employee’s failure to follow water quality monitoring and reporting procedures over…

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…

Get your facts strange or risk unfair dismissal

A large rail industry employer has been ordered to reinstate a train driver after he was dismissed for what the employer deemed were breaches of safety protocols. The first incident relied upon for the termination was the employee leaving his co-driver behind after she disembarked the locomotive for a toilet break. The co-driver was found…

Policies and process fails employer in unfair dismissal case

An employee, believed to have been intoxicated at work, has been successful in her unfair dismissal application which was heard by the FWC earlier this year. The incident that led to the dismissal of the employee centred on Melbourne Cup day in 2014.  The employee claimed that she had a 3 or 4 drinks in…

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…