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Was dismissing an employee for losing his driving licence unfair?
The Fair Work Commission awarded 12 weeks' pay to an Accounts Manager dismissed after losing his driving licence, ruling that driving was not an inherent job requirement and the dismissal was procedurally unfair.
Being told “no more work” = dismissal
When an employer told an employee there was "no more work," it led to a Fair Work Commission ruling that the employee had been dismissed, despite the employer's claims to the contrary.
Dismissal for Management Complaints Leads to $130k Payout
An employee dismissed after complaining about management received $130,000 compensation for adverse action. The employer failed to prove the dismissal was not due to the employee's complaints.
Father entitled to Paid Parental Leave while wife recovered from caesarean section
The Fair Work Commission ruled that a bus driver was entitled to eight weeks of Paid Parental Leave to care for his son while his wife recovered from a caesarean section, despite his employer's objections about notice and primary carer status.
Car Park On Different Floor Of Same Building Was Still “workplace”
An employee who injured her finger in a car park while retrieving work equipment successfully claimed workers’ compensation, with the NSW Personal Injury Commission ruling the car park as part of her workplace.
Supreme Court decides who bears onus of proof in work stress case
Who bears the burden of proof when an employer argues that a worker is not entitled to compensation for a stress disorder because his condition arose from reasonable management action? Read the court’s reasons for its ruling.
Dismissal Was Fair, After Accident Triggered Psych Issues
A year after a multi-vehicle crash brought on a worker’s mental health issues and rendered her unable to do her job, she was sacked, and complained of unfair dismissal. Read why the FWC found it neither harsh nor unfair.
Three Examples Of Serious Misconduct Justified Dismissal
The Fair Work Commission upheld the dismissal of an employee for three serious misconduct incidents, finding the dismissal procedurally fair and valid.
Dismissing an employee for bad behaviour at the Christmas party
A Christmas party gone wrong can have real workplace consequences, but can an employer actually dismiss someone for misconduct that happens off-site and after hours? The answer isn’t as straightforward as you might think.
Breach Of Consultation Requirements – Not A Genuine Redundancy
When a restructure made a financial analyst’s role redundant, he claimed his dismissal was not a genuine redundancy. Read why the Fair Work Commission found his dismissal was unfair.