One-off mistake created serious risk, justified dismissal
An employee who was sacked for applying the wrong protocol when an unexpected safety incident occurred has failed to win reinstatement, despite his unblemished nine-year work record. » more »
Compliance & case law (614 items)
Poor record-keeping nixes employer's underpayment defence
An employer that had no records to disprove underpayment allegations by two former employees has been ordered to pay them almost $19,000 plus interest. » more »
Sacked employee made "catastrophic error" in rejecting settlement
An employee whose dismissal for misconduct was ruled valid, but unfair, has failed to appeal the decision and her small compensation award. » more »
Failure to address employee's incompetence renders dismissal unfair
An employee who was promoted to a role she was unable to perform, and left "out of her depth", has been denied both reinstatement and compensation despite winning an unfair dismissal action. » more »
Performance and promotions contradict psychological injury claim
An employee who was "committed and achieving" at work has failed to prove, some years later, that he was developing a compensable psychological injury at the time. » more »
Disciplinary meeting was "private" under surveillance laws: FWC
The Fair Work Commission has rejected an employee's unfair dismissal claim, after refusing to accept his secret recording of a disciplinary meeting as evidence. » more »
Terminating overseas secondment was not a dismissal
A visa permitting an indefinite stay in Australia didn't extinguish an employer's right to summon a seconded employer back to his home country, the Fair Work Commission has ruled in rejecting his unfair dismissal application. » more »
Evident misconduct outweighs procedural deficiencies: FWC
An employer that sacked an employee for taking excessive breaks and sleeping on the job could have done more to substantiate its allegations, but still had sufficient evidence to justify dismissal, the Fair Work Commission has ruled. » more »
Employee loses dismissal claim after "brazen" workplace deception
An employee has failed to convince the Fair Work Commission that he was not sufficiently warned prior to his dismissal for falsifying time and attendance records. » more »
Personal factors not "weighty" enough to make misconduct dismissal harsh
An employee's willingness to apologise, his ongoing health problems, and the impact of unemployment were not sufficient to render his dismissal harsh, the Fair Work Commission has found. » more »
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