Published 6 September 2016 The Fair Work Commission found a man was not unfairly dismissed because he breached his employment contract and was deliberately untruthful during the investigation, resulting in a loss of trust between him and the employer. Mr Jacob was dismissed from his employment with West Australian Newspapers Limited (“the respondent”), after the…
Category: Recent Cases
An employer who dismissed a worker injured in a skydiving accident was granted permission to appeal based on an error of fact
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,…
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…
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…
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…
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…