Unfair Dismissal
Vince Scopelliti – Monday, August 02, 2021
A QLD Worker has won an #UnfairDismissal case after being terminated by his employer for refusing to carry out work that they believed to be unsafe. It was held that the employees have the right to refuse to perform unsafe work that would expose them to a serious health or safety risk, and that refusal is a “workplace right” in the context of the Fair Work Act.
This case highlights the importance of employers understanding the interrelationship between employment and safety laws. Whenever a performance or conduct matter relates to a health or safety event, a secondary consultation is always wise.
http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2021/1689.html
#WISEWorkplace #UnfairDismissal #WorkplaceRelations #FairWork
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Author: Eden Elliott
Eden has over a decade of experience in investigations across the disability, child safety and insurance sectors. Eden has been our Training and Development Manager for the past 3 years focussing on trauma-informed offerings as well as specialised investigation frameworks.