In a recent case the Fair Work Commission (the FWC) has held that making a position redundant is not genuine if the employees could have been redeployed to take on the roles of contractors.
A casual hospitality employee, who failed to accept any shifts from his employer in the five months leading up to his dismissal, made an application to the Fair Work Commission (the FWC) for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (Cth) (FW Act).
The Federal Court was asked to consider whether an Uber Eats delivery driver was an employee or an independent contractor, following an appeal from the Fair Work Commission Full Bench. However, the Federal Court has reserved its judgement after an out-of-court settlement was reached following a Federal Court hearing where the justices appeared critical of Uber Eats’ submissions and the Fair Work Commissions’ decisions.
Recently the Fair Work Commission held that interim anti-bullying orders are not a means by which an employee can prevent their termination in unfair circumstances until the anti-bullying application has been determined.
Four separate breaches of an employer's workplace policies still resulted in an employee's dismissal being deemed unfair by the Fair Work Commission.
Minimum employment periods are required for employees for coverage under the unfair dismissal provisions contained in Part 3-2 of the Fair Work Act 2009 (Cth) (the FW Act). These are usually easily defined for permanent or part-time employees, but how are the employment periods considered for casual employees?
Falling asleep at the job may not seem like a valid reason for dismissal in most cases, however the Fair Work Commission has upheld the dismissal of a Ferry Master who fell asleep whilst on duty.
In a recent case the Fair Work Commission has reinstated an employee despite the employee returning a positive alcohol breath test over the company's Drug and Alcohol Policy limit of 0.00.
A recent case in the Fair Work Commission found a flight attendant who voluntarily became intoxicated and consequently could not operate their next scheduled flight, was fairly dismissed.
Employee sent home from work without pay: Employer not required to pay employee who was unable to work
A recent case in the Fair Work Commission Full Bench has found that an employer is not required to pay an employee who is sent home for being unable to perform part of their contractual obligations.
Order to stop bullying made by Fair Work Commission: Management action not raised in a reasonable way
A recent case in the Fair Work Commission has found issues raised by the Chairman of a Body Corporate Committee constituted bullying due to the process used in communicating the issues to property managers.
Implied terms in employment contracts: Court of Appeal finds employment contract should not to be interpreted subject to Jewish law
The Appeal Court of the Supreme Court of New South Wales has overturned a previous decision, finding a term of life tenure under Jewish law could not be implied to a Rabbi’s employment contract.
Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop
A recent case in the Fair Work Commission upheld the dismissal of an employee who sent messages with sexual overtones and sent explicitly sexual messages to co-workers.
Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee's capacity to work
A recent case in the Fair Work Commission Full Bench found a previous ruling was “plainly wrong” and stated it was not the employer’s responsibility to resolve conflicts in medical assessments regarding the capacity of an employee to work.
A recent case in the Fair Work Commission found an employee who continuously touched a female co-worker was fairly dismissed despite the co-worker not telling him to stop.
Employee holding multiple jobs with single employer not able to combine hours for overtime entitlements
A recent case in the Federal Circuit Court of Australia found an employee working in two positions for the same employer could not combine the hours of the two positions to determine overtime and other entitlements.
Full Bench decides against established authority in ruling a termination refers to the cessation of the employment relationship and not the employment contract
A recent case in the Fair Work Commission Full Bench found that termination at the employer’s initiative refers to termination of the employment relationship and not the employment contract.
A recent case in the Fair Work Commission has found a dismissed employee claiming he used “self-defence” was not unfairly dismissed due to his employer’s workplace policies that prohibited fighting.
A recent case in the Fair Work Commission has found an employee was not unfairly dismissed as despite his conduct being in line with “local practice” it was still “extremely hazardous”.
A recent case in the Fair Work Commission has found an employee was not bullied but rather subject to reasonable management action despite being asked about his “deformities” by his Team Leader.
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