Termination of bully upheld as a fair dismissal

A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle...

A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle in on a highway, failed to convince the FWC that they were dismissed unfairly.Rio Tinto subsidiary Coal & Allied Mining Services Pty Ltd (Mt Thorley) conducted an investigation into the...

Read More

Unfair Domestic Violence Dismissal – Courts reject employer’s appeal

In a recent application for judicial review, the Federal Circuit Court of Australia dismissed Eliana Construction and Developing Group...

In a recent application for judicial review, the Federal Circuit Court of Australia dismissed Eliana Construction and Developing Group Pty Ltd.’s application stating that they had no basis for unfairly dismissing an employee who had suffered domestic violence by her partner, who was also employed at the same company.The...

Read More

MEMBER ONLY ARTICLE – High Income Threshold Increase in Unfair Dismissal Claims

On Thursday 23 June 2016, the Fair Work Commission announced it would increase filing fees, high income thresholds and...

On Thursday 23 June 2016, the Fair Work Commission announced it would increase filing fees, high income thresholds and compensation caps for unfair dismissal applications. For unfair dismissal claims occurring on or after the 1 July 2016, the high income threshold will be increased to $138,900 and the compensation...

Read More

Breakdown after dismissal breathes new life into unfair dismissal claim

A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker...

A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker was granted permission by the Commission to pursue her unfair dismissal claim, 64 days outside the 21 day statutory limit. Senior Deputy President (Snr DP) Lea Drake considered the worker’s...

Read More

IR Update: FWC rules in favour of employee due to manager’s failure to prepare colleague for disciplinary meeting

In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing...

In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing to adequately prepare their colleague in the investigation of an employee.The employee, who had provided over 30 years of service to K&S Freighters Pty Ltd, was called to a meeting...

Read More

IR Update: Labour Hire Unfair Dismissal Case

This recent case warns that labour hire companies cannot “abrogate responsibilities to afford procedural and substantive fairness to...

This recent case warns that labour hire companies cannot “abrogate responsibilities to afford procedural and substantive fairness to a dismissed employee by relying on the fact that unfair treatment was meted out by another entity in which had placed the employee.”Adecco Australia were found by the FWC...

Read More

IR Update: Employer’s termination of latecomer commendable

In the recent case of Rooney v Pickles Auctions FWC 858 (9 February 2016), an employer has been...

In the recent case of Rooney v Pickles Auctions FWC 858 (9 February 2016), an employer has been commended for his efforts in following due termination process. The National Retail Association consistently reminds its members of the equal weight given to a valid reason for termination as well...

Read More

IR Update: Employer set high expectations for returning injured worker

Employers are reminded to take caution when sending their employees for a medical assessment, as a recent case has...

Employers are reminded to take caution when sending their employees for a medical assessment, as a recent case has brought to light the consequences of dismissing an employee on these grounds.In the case of Norman v Lion Dairy and Drinks Limited, an employee who suffered from a serious skydiving...

Read More

IR Update: Employee prevented from serving notice period wins unfair dismissal case

A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s...

A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s misunderstanding of the employee’s intentions to work out her notice period.In July 2015, the employee was under significant stress from being overworked by her employer. According to her evidence, the...

Read More