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Tag Archives: Workplace Policies

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…

Mentor sexually harassed co-worker but employer not liable

The Northern Territory Anti-Discrimination Commission has recently handed down a decision that has a number of lessons for employers.  In this case, some of the conduct undertaken by the respondent employee was found to be sexual harassment of the complainant; some of the conduct was found to have no connection with the complainant’s employment; and…

Incorporating policies into employment contract costs employer $3 million

An employer’s unwitting error in incorporating its policies, including a redundancy policy, into a Chief Executive’s employment contract resulted in a significant financial windfall for the redundant Chief Executive. Interestingly, the ‘Global Markets Head’ of the same business tried to establish a similar claim; however it was found that he was not made redundant, but…

No damages due to noncompliance with manual handling training

A recent decision of the District Court of Queensland has found that where appropriate manual handling training had been provided to an employee and their injury arose from a failure to comply with that training, the employer or host employer will not be liable for that injury. In Tawera v BDS Recruit Pty Ltd &…

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,…

Refusal to sign social media policy grounds for dismissal

In the recent case of Pearson v Linfox Australia Pty Ltd, the Fair Work Commission held that the employee’s dismissal was not harsh, unjust or reasonable, given the string of evidence relating to the employee’s failure to follow company policies and procedures, including his resistance to signing the company social media policy. The employee had…