Blogs

• Unfair Dismissal: Truckie reinstated despite falsifying logbook - When a 68 year old truckie falsifies his logbook and the Commission finds wrong by the employee and employer and (hopefully) friendship endures. ...
• Unfair Dismissal: Settlement negotiated by Union upheld - Fair Work Commission dismisses unfair application following a union already settling the matter. ...
• Unfair Dismissal: A (small) Procedural fairness shortfalls brings the employer undone (and the meaning of “impecuniosity”). - In this case an otherwise valid dismissal was ruled unfair due to a technical procedural error. ...
• Unfair Dismissal: What does “payment in lieu of notice” really mean? - When paying off an employee's notice period, instead of having them work is the best option - but what does it mean? ...
• Unfair Dismissal: Extension of time application granted because termination date unclear - Ensure that when dismissing an employee, that you are clar on the reasons and the effective date. ...
• Unfair Dismissal: Dismissal for Failure to attend a medical examination deemed fair - A well-worded contract of employment and policies coupled with a fair (I would call “very patient”) process supported the ex-employer’s case. This decision all sets out the rights of an… ...
• Unfair dismissal: Poor employer processes, HR not properly qualified, falsification of medical certificate. - This matter saw the respondent subjected to lost business opportunities due to its lack of proper processes, which were not assisted by (according to the Commissioner) an unqualified HR Manager.… ...
• Unfair dismissal: Security of costs - In this matter, the ex-employer (respondent) applied for a $10,000 security of costs order against the former employee (applicant). According the FWC’s Unfair Dismissal Benchbook: “…the Commission should award security… ...
• Unfair dismissal: Everything you need to know about “costs” orders (especially if you live in Canada). - This matter titillated my interest due to the explanatory nature of the decision in relation to costs orders, and the claim (for costs) following on from an unfair dismissal application… ...
• Unfair Dismissal: Serious misconduct. Burden of proof. No fly home policy. - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5064.htm This matter was decided by Deputy President Anderson in the Fair Work Commission and involved the dismissal (for serious misconduct) of a Hospital Attendant undertaking his duties on a… ...
• Unfair dismissal: Serious misconduct and mental health and the burden of proof - Dismissing an employee for serious misconduct. Mental health issues. Evidence considered by FWC. ...
• Workplace Bullying: Reasonable Management Action - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5413.htm Question: what do you do with a self-confessed “strong-willed person” who firstly files for a adverse/protected action whilst at work; then a workers compensation for the denial of a… ...
• Unfair Dismissal: Dismissed Casual Reinstated (Poor timekeeping and performance) - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5408.htm As indicated in the headline, this the nightmare that faces employers who have been accused of unfair dismissals: reinstatement. The decision is also worrying in that Commissioner Spencer took… ...
• Unfair Dismissal: Genuine redundancy – Reasonable to redeploy - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc4818.htm This is case where Commissioner Johns found that the redundancy was not genuine because (despite the respondent arguing otherwise) there was an opportunity for redeployment to a similar position… ...
• Unfair Dismissal: Not a Genuine Redundancy - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5567.htm I don’t know about you, but I cringe when I am to defend an employer who receives an unfair dismissal notification where the applicant has been made redundant. There… ...
• Fair Work Commission Representation by Lawyers or Paid Agents - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5577.htm In relation to (mainly) unfair dismissals and adverse action claims, the Fair Work Act provides that there is no automatic right for a lawyer or so-called “paid agent” to… ...
• Unfair Dismissal: Reinstated at $29 per week, and…appealed (fail). - This matter involves a “pelican feeder” who worked one hour per week ($29.00) who was reinstated to his former position; but not before Commissioner Gregory analysed the matter VERY thoroughly… ...
• Unfair Dismissal: Clocking on for another employee a no-no. - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc4629.htm As the title suggests, the dismissal of an employee who was caught clocking on for another employee, was found to be fair and reasonable by the Fair Work Commission.… ...
• Unfair Dismissal: Out of time/Extension of time (the full story) - As you already may know, your ex-employees have a time limit for prosecuting for an unfair dismissal or adverse action. This time limit is 21 days. This is a very… ...
• Unfair dismissal: Casual Employee’s Refusal to abide by fingerprint scanning – 5 hearings, maximum compensation, and threat by the FWC of 12 month’s jail for ex-employee - Greg Reiffel Industrial Relations & Human Resources Consulting has been providing the following services to businesses for over 30 years: General HR and IR advisory service. Fair Work Commission representation… ...