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Case Blogs

Procedural defects undermine mining safety terminations


Posted in Case Blogs on by Graham Evans

Dynamite Miner

In a sobering lesson to all employers interested in maintaining workplace safety, two related Fair Work Commission decisions have reinstated Queensland coal miners despite evidence they both breached policies prohibiting the possession of mobile phones in active work areas. Instead the Commission... Read more

Ship sets sail on swearing docks worker


Posted in Case Blogs on by Graham Evans

Angry Sailor

A recent Fair Work Commission termination decision has confirmed an employee was not unfairly dismissed after he swore at and told his supervisor he was a “dickhead” and a “cock” during a morning safety meeting. In determining the employee was not unfairly dismissed, the Commission took into... Read more

Procedural fairness car crash compensates employee


Posted in Case Blogs on by Graham Evans

Driving on Phone resized

A recent Fair Work Commission termination decision has overturned an employer’s action to dismiss an employee despite finding they had a valid reason to terminate him for using a mobile phone whilst driving a work vehicle. The Commission instead decided to order the employer to pay their former... Read more

Mitigating factors sink pot smoking sailor


Posted in Case Blogs on by Graham Evans

Smoking Sailor

A recent Fair Work Commission Full Bench termination decision has overturned a prior Commission decision which had relied upon a number of mitigating factors to excuse a ferry captain from termination after he tested positive to drugs following an accident. The Issue Mr Christopher Toms was... Read more

Farrago of lies unseats forklift driver


Posted in Case Blogs on by Graham Evans

Angry Forklift Driver

A recent Fair Work Commission decision has rejected an unfair dismissal claim by a TNT Australia forklift driver, finding TNT had not unfairly dismissed the driver who had lied about working for a competitor while claiming to be unfit for work and then sent a threatening letter to a manager. The... Read more

Candle consultant snuffs out Body Shop termination


Posted in Case Blogs on by Graham Evans

Lady Candle PartyLite

A recent Fair Work Commission Full Bench termination decision has clarified the application of a conflict of interest clause in an employment contract, finding an employee of The Body Shop did not breach her contract by working as an independent contractor for another retailer. The Full Bench upheld... Read more

Termination cure for employee’s failure to attend doctor


Posted in Case Blogs on by Graham Evans

Angry Doctor

A recent decision of the Fair Work Commission Full Bench has found a mine worker was not unfairly dismissed after refusing to attend an appointment with a company-nominated physician to determine whether he was fit to return to work. The request by BHP Coal that the employee see its physician was... Read more

Bookkeeper books taxi termination


Posted in Case Blogs on by Graham Evans

Taxi Termination_crop

A recent decision of the Fair Work Commission has found a bookkeeper was not unfairly dismissed when her small business employer refused her request to provide at least 6 months TAFE training to enable her to be redeployed into an upgraded role she previously occupied. The Issue Ms Kaye Wilson had... Read more

Baby bump delivers big for discriminated employee


Posted in Case Blogs on by Graham Evans

Pregnancy Compensation 290514

A recent decision of the Federal Circuit Court has awarded a photographer more than $235,000 in compensation and penalties after finding she was discriminated against by her employer following her informing them she was pregnant. The case highlights the importance of not taking adverse action... Read more