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Tag Archives: Unfair Dismissal

ALERT: Changes to modern awards – commenced 1 November 2018

As part of its 4-yearly review, the Fair Work Commission has made changes to a number of modern awards.  The changes are in relation to payment of wages on termination of employment as well as plain language re-drafting of several standard clauses. The changes take effect from the start of the first full pay period…

Update: Key Matters for Employers to be aware of in 2018

Employers Beware:  New labour hire licensing laws commenced this month. This month has seen the commencement of Queensland’s new Labour Hire Licensing Act 2017 (‘Act’).  The Act describes its main purpose as being to: (a)          protect workers from exploitation by providers of labour hire services; and (b)          promote the integrity of the labour hire industry.…

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…

‘Highly offensive’ email sent to client results in fair dismissal

The Fair Work Commission has dismissed an employee’s unfair dismissal application after she inadvertently sent a highly offensive email to a couple of her employer’s key clients. The account manager, who had some 16 years of unblemished service, had been preparing an email to a contractor (whom she also socialised with) about the client. The…

Dangerous conduct justifies serious misconduct termination

The FWC has dismissed an employee’s unfair dismissal claim, after it found that the Employer (an automotive parts franchise) had grounds to dismiss the employee for serious misconduct. The Employee was terminated after he engaged in three incidents of misconduct over three days.  Firstly, it was alleged that the Employee performed a burnout in the…

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…

Financial Year Update – Changes from the Fair Work Commission

As the financial year comes to an end, a few significant changes are on the horizon in the Fair Work Commission. From 1 July 2016, we will see the high-income threshold for unfair dismissal matters rise from $136,700 to $138,900.  This means that a non-award employee earning $138,900 or more, will no longer be within…

Another employer fails to establish serious misconduct

Another employer has failed to satisfy the Fair Work Commission on the issue of serious misconduct. In this case , the Applicant was an internationally renowned rifleman and IT Manager. In July 2015, a friend of the Applicant attended the carpark of the Applicant’s workplace with the intention of discussing a rifle part with him.  Critically,…

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