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Tag Archives: Unfair Dismissal

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,…

Tolerating poor performance an employer’s peril

An employer who terminated an employee for poor performance has lost an unfair dismissal case before the Fair Work Commission and was criticised for its tolerance of the employee’s poor performance. The employee was terminated for poor performance reasons. The employer relied on the employee’s failure to follow water quality monitoring and reporting procedures over…

Get your facts strange or risk unfair dismissal

A large rail industry employer has been ordered to reinstate a train driver after he was dismissed for what the employer deemed were breaches of safety protocols. The first incident relied upon for the termination was the employee leaving his co-driver behind after she disembarked the locomotive for a toilet break. The co-driver was found…