Published 5 September 2016 The Fair Work Commission allowed an application to appeal a decision against Lion Diary and Drinks Milk Limited after they dismissed an injured worker. The Commission believed it was in the public’s interest to grant permission to appeal as the Deputy President may have made an error of fact. In 2015,…
Author: Brian Powles
Brian is an accredited specialist in employment and industrial relations law, who is partner of a successful boutique Sydney law firm. He also hosts the Working Knowledge podcast.
FWC ordered an employee dismissed for posting inappropriate comments on social media be reinstated
Published 3 September 2016 The Fair Work Commission ordered the reinstatement of an employee of Centrelink who was dismissed for misconduct after posting inappropriate comments on social media. In 2015, Mr Starr had his employment at Centrelink terminated after he made a number of comments on social media sites. The Department of Human Services claimed…
Employer liable for psychiatric injury of employee who collapsed at work and exhibited personality changes
Published 31 August 2016 The Supreme Court of Victoria found an employer failed to ‘take reasonable care to avoid any foreseeable risk of psychiatric injury’ to an employee, after he collapsed at work, made regular complaints and exhibited noticeable behavioural and personality changes. Mr Roussety commenced employment at Castricum Brothers Pty Ltd, an abattoir and…
ANZ ordered to pay $110,000 in damages to employee dismissed for alleged serious misconduct
Published 31 August 2016 The New South Wales Court of Appeal overturned a 2014 ruling and ordered ANZ to pay $110,000 in damages to an employee who was summarily dismissed after alleged serious misconduct. In 2012, Mr Bartlett was summarily dismissed from his position as State Director of ANZ’s Institutional Property Group due to alleged…
Failure to perform reasonable duties found to be a valid reason for dismissal
Published 16 July 2016 The Fair Work Commission found that the dismissal of an ATO employee for not performing his duties was a valid reason for dismissal and was not unfair, unjust or unreasonable. Mr Shamir was employed by the Australian Taxation Office (ATO) as a Senior Case Profiling Officer, which was classified as the…
Chucking a sickie: a workplace entitlement or grounds for disciplinary action?
Published 11 July 2016 In Australia, taking a sickie has unfortunately become a part of many workplace cultures, with some employees believing that it is their workplace entitlement to take a sick day whenever they feel like it, whether it is because they want to enjoy a long weekend by taking Friday or Monday off…