Posts Tagged ‘unfair dismissal’
If an employee gets high can we say goodbye? Not necessarily, says the FWC
Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting their safety and workplace processes and cultures. However, the Fair Work Commission has also been promoting a ‘zero tolerance’ approach of its own towards unfair dismissals. In a recent decision by Deputy President Sams, a former employee of Sydney Trains has been reinstated…
Read MoreLegal Beagles | Top 10 Dismissals of 2019
2019 is drawing to a close, so the Legal Beagles decided to go over their favourite (and most infamous) dismissal decisions of the year. From family squabbles to extremely bad behaviour, it’s a wild ride from start to finish. Like, comment and subscribe to our National Retail Association YouTube channel to continue supporting Cal and Al!
Read MoreStart the clock on dismissal claims
Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of automation, the stress of dismissing an employee doesn’t end on their last day of employment. It’s not until 3 weeks (or 21 days) later, when the time limit to file a dismissal claim with the Fair Work Commission expires can an employer experience…
Read MoreDrinks after work: from legless to jobless
When getting legless can lead to being jobless: lessons learned from after-work drinks By Thomas Parer and Lindsay Carroll, NRA Legal Employers and employees are starting to realise that grabbing some casual drinks after work could leave them with bigger consequences than just a hangover. In the recent decision, the Full Bench of the Fair…
Read MoreThe Israel Folau Saga
It has been heralded as the test case on where to draw the line on the freedom to practise religion, and how much say an employer has in their employees’ personal lives. Regardless of where you stand in the debate, there is no doubt that it has touched on many issues that are important to…
Read MoreWorkplace investigations – Is the journey more important than the destination?
The Fair Work Commission (per Deputy President Anderson) stated recently that a workplace investigation “is not a court of law or a quasi-judicial proceeding. It is an internal disciplinary process guided by the principle of fairness.”[1] There are of course a number of rules posited by industrial relations scholars about what is required by procedural…
Read MoreUnderstanding the difference between unfair dismissal claims and general protections claims
Late last year, the media introduced us to Angela Williamson, an employee of Cricket Australia allegedly sacked after she posted on Twitter criticising the Tasmanian Government’s policy on abortion laws. Ms Williamson subsequently filed an application with the Fair Work Commission, arguing that CA had breached the general protections provisions in the Fair Work Act 2009 (Cth)…
Read MoreDomestic violence victim treated fairly despite sacking
A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s explanation that her deteriorating behaviour and performance was due to difficulties she was encountering in her personal life. In commending the employer for taking “extraordinary lengths” to support the employee, the Fair Work Commission (Commission) found that the dismissal was justified having…
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