August 4

Dismissals of badly behaved employees declared unfair by Fair Work Commission

Recent decisions by the Fair Work Commission have emphasised the need to afford employees procedural fairness throughout the termination process, even where there is clear and compelling evidence of serious misconduct. The below three cases, decided in June and July 2018, serve as a reminder to employers that despite having a valid reason for dismissal, […]

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July 29

Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop

Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop

Published 29 July 2018 Sexual harassment in the workplace is currently a prevalent topic. The #MeToo campaign and the Human Rights Commission launch of a year-long harassment inquiry has brought harassment onto the centre stage. A recent case in the Fair Work Commission, Colin Ramon Reguero-Puente v City of Rockingham, considered the misconduct of an […]

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July 26

Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee’s capacity to work

Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee’s capacity to work

Published 26 July 2018 In a recent case, CSL Limited T/A CSL Behring v Chris Papaioannou, the Fair Work Commission Full Bench found that giving the final say to employers about an employee’s capacity to work when there was conflicting medical evidence was “plainly wrong”. The decision by the Full Bench came out of an […]

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July 24

How to dismiss an employee – The seven key steps

Published 24 July 2018 Terminating someone’s employment can be a challenging task for business owners and managers. A dismissal of an employee is not only personally difficult, but it can create potential legal implications if not done correctly. In our experience, one of the major concerns for employers is the prospect of litigation following an […]

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