Published 20 May 2018 What is considered inappropriate touching in the workplace and what kind of conduct can justify a dismissal is often a difficult road to navigate. In the recent case of George Talevsi v Chalmers Industries Pty Ltd, continuously touching the shoulders and hair of a co-worker was enough to justify dismissal. Further,…
Category: Recent Cases
Employee holding multiple jobs with single employer not able to combine hours for overtime entitlements
Published 16 April 2018 In a recent case, Lacson v Australian Postal Corporation, the Federal Circuit Court of Australia found the overtime, rest relief and meal allowance entitlements of an employee hired by the same employer for multiple positions were not to be calculated cumulatively, but rather separately for each position. The employee, Mr Lacson,…
Full Bench decides against established authority in ruling a termination refers to the cessation of the employment relationship and not the employment contract
Published 8 April 2018 In a recent case, Khayam v Navitas English Pty Ltd t/a Navitas English, the Fair Work Commission Full Bench found the Commissioner at first instance did not consider all relevant circumstances and the appeal was upheld. Mr Khayam was employed by Navitas in 2005 as a casual employee. In April 2012,…
Fighting employee lost the fight to win back job
Published 11 March 2018 In a recent case, Weir v Bechtel Construction (Australia) Pty Ltd, the Fair Work Commission found an employer did not unfairly dismiss an employee by terminating his employment after he was involved in a fight. Bechtel Construction (Australia) Pty Ltd (Bechtel) had villages available for employees to live in during their…
“Extremely foolish” training method a valid reason for dismissal
Published 11 March 2018 In a recent case, Blyth v JBS Australia Pty Ltd, the Fair Work Commission found an employee of 13 years dismissed for not acting in compliance with training and company policies was not unfairly dismissed. Mr Blyth was employed by JBS Australia Pty Ltd (JBS) as a bandsaw operator, trainer and…
Employee made to feel “worthless” was not bullied despite “insensitive” comments
Published 8 February 2018 In a recent case, John Krnjic [2017] FWC 3688, the Fair Work Commission (FWC) found that a Team Leader did not bully a Team Member despite her comments being “insensitive”. Mr Krnjic commenced employment with Bunnings in 2009. In April 2016, a new Team Leader was appointed to his division. On…