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Searching Content indexed under Unfair/ Wrongful Dismissal by Kott Gunning ordered by Published Date Descending.
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1
Twitter cost me my job - the risks of discussing employment online
Recent case where a worker lost her job remind employers and employees of the perils of social media.
Australia
2 May 2018
2
Did you renew the last maximum term contract? If not, be prepared to fight an unfair dismissal action
Expiry at the date of a maximum term contract is not a dismissal, as termination is not the initiative of the employer.
Australia
1 Feb 2018
3
Marijuana user fails in bid for reinstatement
The judgments provide some comfort to businesses that wish to strictly enforce policies in sympathetic circumstances.
Australia
6 Mar 2017
4
Employees on social media - the importance of context
This decision outlines the potential pitfalls of an employee making public comments on Facebook outside of work hours.
Australia
1 Mar 2017
5
Sometimes minesite banter isn't a joke – You could lose your job for it
The result in this case would have probably been different if the employee lacked an unblemished record and remorse.
Australia
27 Jul 2016
6
What Is Constructive Dismissal?
Constructive dismissal, in effect forced resignation, is generally poorly understood.
Australia
26 May 2016
7
High income threshold increases – the effect on unfair dismissal
An employee will not be protected from the unfair dismissal laws unless they earn less than the high income threshold.
Australia
16 Jul 2015
8
Marijuana user fails in bid for reinstatement of employment
In determining an unfair dismissal claim, the Federal Court highlighted an employer's right to manage its own business.
Australia
6 May 2015
9
Ferry driver terminated for marijuana use – strict compliance with drug policy enforced
The employee claimed unfair dismissal, but it was a clear policy, which was known, understood and deliberately breached.
Australia
28 Oct 2014
10
Adverse Action: Director and Manager Properly Named and Liable
The Fair Work Act protects employees when making a complaint or inquiry to their employer regarding their employment.
Australia
5 May 2013
11
Surveillance Insufficient to Justify Dismissal
An employer does not have an unfettered right to sit in judgement over its employees on their behaviour outside of work.
Australia
17 Dec 2012
12
The Perils Of Social Media – Is a Company Policy Essential?
Drafting and implementation of clear and concise social media policies will assist to defend unfair dismissal claims.
Australia
31 Oct 2012
13
Serious misconduct and dishonesty in employment
Understandably, there is no clear definition of "serious" or the degree of misconduct which justifies summary dismissal.
Australia
14 Oct 2012
14
Procedural fairness not always essential in claims of unfair dismissal
Notwithstanding this case, every attempt should be made by an employer to observe procedural fairness in dismissal.
Australia
1 Sep 2012
15
Fight Caught on CCTV – Employee 'Set up' but Fairly Dismissed
It is only in exceptional circumstances that a decision to dismiss will be 'harsh' where a serious assault has occurred.
Australia
1 Jul 2012
16
Say it with Flowers: Dubious Unfair Dismissal Claims
Is it fair for employers to bear the financial burden of defending (and defeating) dubious unfair dismissal claims?
Australia
16 May 2012
17
When Push Comes to Shove
FWA upheld the dismissal for aggressive conduct, despite criticising the employer for poor management of the situation.
Australia
29 Jan 2012
18
Racial Slur Dismissal Upheld by FWA
FWA upheld the decision by BAE Systems Australia Logistics Pty Ltd, to dismiss an employee for serious misconduct.
Australia
29 Jan 2012
19
Incapacity Dismissal Unfair
FWA found that he had been unfairly dismissed, as his various managers had been aware of his injuries and limitations.
Australia
29 Jan 2012
20
Dismissal of 'Poisonous' Employee
FWA held that an employee’s conduct constituted a valid reason for dismissal but it was ‘harsh’ for procedural reasons.
Australia
29 Jan 2012
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