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Tag Archives: Termination

FWC slams employer for treatment of injured employee

This particular case involved an employee who was required to have an extended unpaid absence from her employment as a cleaner following complicated surgery to her ankle. About four months after the surgery, a representative of the employer had a discussion with the Applicant about her medical condition and her prospects of a return to…

Employment Update – May 2017 – Childcare centre slammed by FWC for ‘capricious, fanciful and prejudiced’ dismissal

The Fair Work Commission has ordered near maximum compensation of close to $30,000 to the former director of an early childhood centre.  This followed a finding that the employer had effectively created a reason for the centre director’s termination after terminating her employment. Disturbing factual background to the dismissal The employer operated a number of…

Termination disproportionate to theft

Not only has the Fair Work Commission (‘FWC’) found that an employee was unfairly dismissed following findings of theft being made against him, but the FWC also awarded the employee significant compensation. In an eye-opening decision for employers, the FWC heard that the flight attendant was dismissed after a small amount of alcohol was found…

Employee refuses drug test and wins unfair dismissal claim

The FWC awarded an employee $28,000 in compensation after the employee was dismissed for refusing to take a drug test. The Employee was a pathology collector who, among other things took samples for drug testing purposes.  In March 2016, the Employer received a phone call from a person who said the Employee had been using…

Full Bench provides guidance on labour hire termination scenario

The Full Bench of the Fair Work Commission has handed down an important decision relating to a labour hire company’s decision to terminate an employee who they were directed to remove from one of their client’s work sites. In this particular case, the Employee had been employed by the labour hire company (‘Company’) and had…

Adverse action finding results in $25,500 worth of penalties being imposed

A crane hire company has been ordered to pay $25,500 in penalties after it was found to have taken adverse action against a union delegate who raised complaints about his pay. The employee claimed that he and his colleagues, who were covered by the Company’s enterprise agreement, were entitled to penalty rates in addition to…

Lack of consistency counts against employer in unfair dismissal claim

An employer has failed in defending an unfair dismissal claim, with the consistency of its disciplinary action, for this employee as against others, called into question. In late 2015, a group of employees took industrial action against the employer in relation to enterprise agreement negotiations. The Applicant employee in this case left a voicemail message…

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…