Articles

The Fair Work Commission (Commission) has highlighted that in determining if a dismissal is unfair, they will consider whether the employer had a valid reason for dismissal relating to the person’s capacity or conduct. In the case of Suganthi Manimaran v Guardian Community Early Learning Centres Pty Ltd, the Commission held that there was no valid reason for Ms Manimaran’s dismissal, as she had not actually done anything wrong. Key facts The employee, Ms Manimaran, was employed as a childcare worker for Guardian Community Early Learning Centres Pty Ltd (Guardian). Ms Manimaran was dismissed in September 2024 after Guardian accused…

The Fair Work Commission (Commission) recently decided in favour of an employer who dismissed an employee who continued to work on an expired visa, despite the renewed visa arriving within days of the employee’s dismissal. Key facts Mr Muza had been employed with Costco since 2021 and was engaged as an Inventory Control Specialist at the time of his dismissal. Mr Muza was on a bridging visa that expired on 14 August 2024. Mr Muza was engaged pursuant to an employment contract that expressly required him to provide evidence of his right to work in Australia. Costco’s Director of Human…

In a recent case, the NSW Personal Injury Commission has highlighted the importance of employers undertaking proper consultation processes, especially when it comes to redundancy decisions. The case, Khan v Hitachi Energy Australia Pty Ltd [2025], serves as a reminder to employers of the legal requirements for consultation and the potential consequences of failing to adhere to these requirements. Background to Khan In this case, applicant Sefal Khan was employed as a tax manager by Hitachi Energy Australia. Mr Khan had been engaged by Hitachi for nearly 27 years and had expressed an intention to remain with the company for…

As a workplace health and safety (WHS) officer, your role is integral to maintaining a safe and compliant work environment. But what exactly does this role entail? This article will provide an overview of the due diligence obligations for WHS officers, focusing on what is required by law and the steps you can take to ensure your business is compliant. What is a WHS officer? Generally, a WHS officer is someone who makes, or participates in making, significant decisions that affect the whole or a substantial part of the business, or who has the capacity to significantly affect the business’s…

The Fair Work Commission has yet again highlighted that if employers are seeking to dismiss an employee on the basis that they breached a workplace policy, they must be able to clearly demonstrate that the employee had been provided with copies of the policy and had received comprehensive and interactive training on the policy. Key Facts – Ramlan Abdul Samad v Phosphate Resources Ltd [2024] FWC 2868 The employee, Mr Samad, was employed as a truck driver on Christmas Island and had been engaged by Phosphate Resources Limited (Phosphate Resources) for approximately 20 years. In or around April 2024, Mr…

The Fair Work Commission (Commission) recently ruled in favour of an employer who dismissed a highly intoxicated worker for harassment and sexual harassment at an offsite location, in a decision that reinforces that conduct outside of the workplace may still have a sufficient connection to employment, and therefore be subject to disciplinary action. Case Overview In this case, a female FIFO technician arrived at Brisbane airport to fly to her scheduled shift at a central Queensland mine site and was reportedly “extremely intoxicated.” While waiting for her flight the technician went to the airport lounge and ordered two more alcoholic…

While other industries prepare to wind down for the year, things are only just starting to heat up for retailers across Australia. As the festive season fast approaches, managers are encouraged to plan their rosters in advance to ensure their stores are adequately staffed to meet increased customer demand over the Christmas peak trade period. In this article, we discuss the top three legal factors that managers, and HR professionals, should be mindful of when rostering employees across Christmas and New Year. Temporary Closures Like many modern awards, the General Retail Industry Award 2020 (Retail Award) contains provisions which dictate…

A Commonwealth Bank (CBA) employee who was terminated for sending abusive text messages to his manager has been unsuccessful in claiming that his termination was unfair because the text messages were sent outside of working hours. Background The manager received more than 50 messages from the employee in the early hours of the morning and late at night over 6 days in November and December 2024. Initially, the manager dismissed the texts and said that she had “not taken anything personal” and was “fine” to keep working with the employee. However, as the messages became more aggressive the manager explicitly…