Crane Driver’s Artwork Cause for Fair Dismissal

The Fair Work Commission (FWC) declined a former crane driver’s application for unfair dismissal as it found that he...

The Fair Work Commission (FWC) declined a former crane driver’s application for unfair dismissal as it found that he had drawn inappropriate images on documents and shipping containers as well as displayed threatening behavior towards his superiors. An investigation was conducted by the employer into allegations that the employee had...

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IR Update: The importance of disciplinary meetings

In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has...

In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has found that a better briefing to a manager should have occurred before he dismissed an employee during a meeting. The employee had been working for K&S Freighters Pty Ltd for...

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IR Update: Bullied employee compensated by FWC for being sacked

Commissioner Julius Roe ordered PQ Australia to compensate a bullied employee $43,900 for forcing him to resign. The FWC...

Commissioner Julius Roe ordered PQ Australia to compensate a bullied employee $43,900 for forcing him to resign. The FWC found the employee, was unfairly dismissed before being forced to resign for failing to attend an unnecessary medical appointment to be assessed by the company’s nominated doctor. The employee had previously...

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Demotion Not Necessarily a Dismissal

The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of...

The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent...

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