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Tag Archives: Reinstatement

FWC provides lessons for employers in reinstatement case

The Fair Work Commission has handed down a decision that serves as a reminder to employer’s about some key issues that must be considered when summarily dismissing an employee. In this case, Senior Deputy President O’Callaghan found that a cleaner had engaged in a ‘campaign of disobedience’ when he refused to wear the designated uniform…

Unfairly dismissed despite serious safety breach

In this case, an employee dismissed for a significant breach of safety procedure has been successful in his unfair dismissal application. Facts The employee was engaged by the employer on one of the country’s largest natural gas operations. The employee was appointed to the role of Acting Permit Coordinator in 2012.  He was subsequently terminated…

The New South Wales Industrial Relations Commission has decided that a public servant who admitted to touching five of his colleagues breasts’ at a work Christmas function should be reinstated to his position. Facts The employee had consumed a considerable volume of alcohol before attending a workplace function with a number of his work colleagues,…