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 […]
Natasha Kennedy-Read and Vince Scopelliti – Wednesday, February 19, 2020 The rules around when staff can be terminated while they are on leave can be a source of consternation for management and human resources professionals. The consequences of getting it wrong are demonstrated in the recent Fair Work Commission decision of Tuan Nguyen v Adelaide Fencing […]
Vince Scopelliti – Wednesday, January 29, 2020 Perhaps one of the most vexed issues employers face is how to terminate employees without exposing the organisation to the risk of a successful unfair dismissal action. In light of the 15 January updates to the Fair Work Commission (FWC) Unfair Dismissals Benchbook, these two unfair dismissal cases […]
Some of the important decisions handed down in the employment law world during 2016 would have left more than one employer very glad that they were not the ones facing the Fair Work Commission! In part 1 of our year-end review of the cases of 2016, we covered the interplay between employment law and […]
Think Employee Behaviour is clear cut? Sometimes, workplace incidents can seem straightforward to an employer – an employee has done something wrong, and action should be taken. But two recent cases before the Fair Work Commission (FWC) demonstrate the importance of properly investigating a matter and relying on sound evidence before taking action against an employee, […]
Shades of Grey: Raunchy Material and the Lessons From Shea In the recent costs hearing for Shea v EnergyAustralia Services Pty Ltd, Federal Court Justice Jessup helpfully took the opportunity to summarise the findings of Justice Dodds-Streeton regarding the original unfair dismissal proceedings. There, Ms Shea had unsuccessfully sought relief against alleged adverse action […]
Last week the Fair Work Commission ruled in favour of a teacher who appealed against unfair dismissal after 37 years of service. The appeal was granted in spite of recognition that there was a valid reason for him not to be reinstated. In the ruling the Fair Work Commission stated that the employer […]
By WISE Legal Counsel Alison Page Investigators can learn a valuable lesson from an unfair dismissal decision by the full bench of the Fair Work Commission, handed down in March 2013. Although the case was concerned with the application of regulations in the child care industry, it is a timely reminder not to make assumptions, […]