Published 1 November 2017 In a recent case, Johnson v BHP Billiton Olympic Dam Corporation Pty [2017] FWC 4097, the Fair Work Commission found an employee’s dismissal was harsh despite misconduct. However, this did not justify reinstatement. Mr Johnson commenced employment with BHP Billiton Olympic Dam Corporation Pty (BHPB) in 2001 and was promoted to […]

Published 1 November 2017 In a recent case, Coffey v QBar Darwin Pty Ltd , the Fair Work Commission found that referring to a fellow employee as a “racist bitch” was not a valid reason for dismissal. Mr Coffey, an employee of QBar, became uncomfortable with how a new manager was conversing with and rostering […]

Published 18 October 2017 In a recent case, Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051, the Industrial Relations Commission of New South Wales ordered the reinstatement of an employee despite his misconduct. Mr Collins was employed as a First Class Correctional Officer at the […]

Published 5 October 2017 In a recent case, Michael Toohey v Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney [2017] FWC 4722, the Fair Work Commission ordered a teacher be reinstated after he was dismissed for losing his Working with Children Check Clearance because he was […]

Published 13 September 2017 In a recent case, In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823, the Supreme Court of New South Wales upheld the application of Jewish law in finding a Rabbi was unfairly dismissed despite the Synagogue arguing his position was made redundant. The Rabbi had […]