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Tag Archives: Investigation

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…

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…

Employees accused of theft reinstated by FWC

Three employees who were terminated after CCTV footage captured them finding and taking uniform items from an open cardboard box in their workplace have been reinstated by the Fair Work Commission. The employees were initially stood down by their employer pending an investigation into the conduct. During the investigation the employees were represented by their…

Employer ordered to pay $29k after false serious misconduct allegations

The Fair Work Commission has awarded an employee $29,070 in compensation after it found that the employer had no evidence of the employee’s alleged serious misconduct before proceeding to dismiss the employee. The employee had worked for the employer for nearly three and a half years at the time of her dismissal. The employer commenced…

FWC finds that employee managed, not bullied

The Fair Work Commission’s anti-bullying jurisdiction has determined not to award orders in favour of a senior public servant who alleged that his manager had been bullying him. The allegations made against the manager by the employee included that the manager told him ‘to go back where he came from’, pressured him to terminate his…

Employee reinstated in breast case scenario

The NSW Industrial Relations Commission has ruled that a public servant who admitted to touching five of his colleagues breasts’ at a work Christmas function should be reinstated to his position. The evidence in the case included that the a public servant had consumed a considerable volume of alcohol before attending a workplace function and…