Mr Somveer Narwal was employed by Aldi as a Store Manager when he was summarily dismissed for misconduct involving 'dishonesty and theft', after having worked at the company for four years. Narwal subsequently applied for an unfair dismissal remedy pursuant to s394 of Fair Work Act 2009. The crux of the matter was whether Narwal's dismissal was harsh, unjust or unreasonable, according to s385(b) of the Fair Work Act 2009.
Recently, much attention has been drawn to the issue of file sharing and copyright infringement. Legislation has been suggested in many places that targets “pirates” who illegally download and share multimedia such as music and films.
This gives rise to the question - Who is legally responsible for what an employee downloads or shares using a work computer, internet connection or other hardware?
The NSW Supreme Court has found EDI wrongly dismissed its managing director on the grounds of misconduct and denied him a substantial bonus.
The company dismissed the managing director following a fall in profits of the company however later claimed that he had been dismissed due to alleged misconduct, based on evidence it had discovered after he left its employment.
When valuable senior employees resign, carrying with them all their accumulated knowledge and experience with the company, employers may find themselves caught between a rock and a hard place. How best to protect the company’s interests is a vital question which arises.
A company which mistakenly paid its national operations manager a $27,000 severance payment, believing it was require do so under an award, has failed in its attempt to recoup the money.
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