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Tag Archives: Unfair Dismissal Application

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…

After-hours threat made by manager constitutes serious misconduct

A manager has been found to have engaged in serious misconduct after threatening to touch a female colleague’s vagina. The conduct occurred at a team building event. During the event, the Applicant (a manager) is alleged to have become aggressive towards a female colleague.  One of the other the employees who witnessed the Applicant’s conduct…

Sharing colleague’s remuneration details not serious misconduct

The Fair Work Commission have again demonstrated the high threshold of conduct required to justify a termination for serious misconduct.  In a recent case, an employer dismissed an employee for sharing a photo of a colleague’s employment contract with another employee.  The employee (‘Applicant’) was ultimately dismissed without notice on the basis that his conduct…

The beard goes, or you go

The Fair Work Commission has dismissed an underground truck driver’s unfair dismissal application after his employment was dismissed following his refusal to shave off his beard. The employee had been employed by a major mining operator for 6 years and had worn the goatee and moustache since he was 19 years old. His employment was…

‘Boys being boys’ defence rejected by FWC

The Fair Work Commission has rejected an employee’s application for an extension of time to lodge his unfair dismissal application in a case involving the employee holding a broken bottle to a colleague’s throat. In considering the merits of the employee’s application, the FWC heard that the employee was drinking with a group of colleagues.…