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Failure to follow redundancy process renders dismissal unfair

Failure to follow redundancy process renders dismissal unfair

by Simon Obee | Feb 12, 2020 | Fair Work Commission, Unfair Dismissal

A recent case in the Fair Work Commission highlighted the importance of following the proper process when making redundancies. The case of Jody Tuchin v Mills Brands [2020] FWC 583 (7 January 2020) concerned the decision of Mills Brands to make one of its customer...
Workplace policies key to justifying dismissal of offensive employee

Workplace policies key to justifying dismissal of offensive employee

by Antonia Randles | Nov 25, 2019 | Fair Work Commission, Unfair Dismissal

The Fair Work Commission has found that the dismissal of an Energy Australia employee was not unfair after it was found that the employee repeatedly breached the company’s Code of Conduct and Diversity and Inclusion Policy (Risyad Chileshe v EnergyAustralia Pty Ltd...
Apprentice unfairly dismissed for refusing to work Sunday shift

Apprentice unfairly dismissed for refusing to work Sunday shift

by Antonia Randles | Nov 25, 2019 | Fair Work Commission, Unfair Dismissal

The Fair Work Commission recently found that a business trading as ‘Perfect Coat Painting’ unfairly dismissed an apprentice after he refused to work a Sunday shift (Mr Troy Currie v The Trustee for B&S Hambleton Trust T/A Perfect Coat Painting [2019] FWC 7462). A...
When is it safe to dismiss an ill or injured employee?

When is it safe to dismiss an ill or injured employee?

by Simon Obee | Sep 30, 2019 | Fair Work Commission, Unfair Dismissal

When is it safe to dismiss an ill or injured employee? When an employee has been absent from work for an extended period of time, employers often find it difficult to balance their obligations to their ill or injured employee with the commercial realities of keeping...
My employee is suing me – will they have to pay my legal costs?

My employee is suing me – will they have to pay my legal costs?

by Simon Obee | Aug 2, 2019 | Unfair Dismissal

The Fair Work Commission has recently handed down the decision in Donnalyn Sharkey v Life Without Barriers [2019] FWC 2287 in which an employee – and her lawyer – were ordered to pay her employer’s legal costs after an unsuccessful unfair dismissal...
Unfair dismissal: employee conduct can reduce compensation to zero

Unfair dismissal: employee conduct can reduce compensation to zero

by Simon Obee | Aug 2, 2019 | Unfair Dismissal

The recent case of Mr Dylan Hans v QS Law Pty Ltd T/A Quinn and Scattini Lawyers [2019] FWC 5034 (25 July 2019) is a useful reminder that the conduct of an employee can reduce the compensation they would otherwise receive, even if they are successful in making an...
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