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Searching Content indexed under Unfair/ Wrongful Dismissal by Cooper Grace Ward ordered by Published Date Descending.
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1
Dismissal upheld, but employer criticised over handling of WHS obligations in relation to suicidal employee and referred to SafeWork NSW
The employer was criticised by the Commission for allowing the employee to return to work after a suicidal incident.
Australia
30 May 2019
2
Argument with volatile colleague no reason for dismissal
Employers should still be careful before using a new incident as justification to terminate an individual's employment.
Australia
19 May 2019
3
Multiple visits to place of work of a student may be a valid reason for dismissal
This recent case discusses when a teacher's conduct outside school hours could be a valid reason for summary dismissal.
Australia
19 May 2019
4
Employee who failed to disclose criminal history unfairly dismissed
Employers should carefully consider if an employee's criminal history is relevant to inherent requirements of the role.
Australia
15 Feb 2019
5
When a demotion constitutes dismissal
The FWC found that the demotion of the employee amounted to a dismissal for the purposes of the Fair Work Act 2009.
Australia
15 Feb 2019
6
Employer liable for dismissal of store supervisor during probationary period under General Protections Provisions
An employer was ordered to pay compensation to a store supervisor after she was dismissed during her probationary period.
Australia
15 Feb 2019
7
Settlement reached at conciliation conference binding on individual and university
A settlement agreement at a conciliation conference for an unfair dismissal application was binding on both the parties.
Australia
1 Dec 2018
8
Teacher reinstated following accidental allergic reaction
Schools should keep detailed notes to ensure that essential information about any student is communicated to all staff.
Australia
29 Nov 2018
9
Dishonesty during the recruitment process can justify dismissal
The dismissal of the employee, for providing false and misleading information in the recruitment process, was not unfair.
Australia
24 Oct 2018
10
Rare win for employer in indemnity costs case
The FWC found that the office manager persisted with a 'doomed to fail' unfair dismissal application in a vexatious bid.
Australia
23 Aug 2018
11
How to protect your business against unfair dismissal claims
Video explaining importance of following the correct processes when dismissing employees.
Australia
21 Aug 2018
12
Fair Work Commission criticises HR model and dealings with employees suffering mental illness
Decisions about performance and dismissal must be communicated respectfully, and in a way that maintains human dignity.
Australia
11 May 2018
13
Focus on temporary employment – two recent cases put employers on notice about entitlements and rights for temporary and casual workers under the Fair Work Act
Following recent court decisions, there is now significant uncertainty about casual and permanent employment.
Australia
21 Feb 2018
14
Uber drivers - employees or independent contractors? First Australian case points to independent contractors
This FWC decision suggests that Uber drivers, at least in Victoria, could be independent contractors, not employees.
Australia
23 Jan 2018
15
Australia
24 Sep 2017
16
Fair Work Commission criticises HR process for dismissal
The dismissal was communicated insensitively and in an inappropriate way, considering the worker's mental health issues.
Australia
23 May 2017
17
Driver accused of tampering with driver-facing camera was unfairly dismissed, says Fair Work Commission
An employer's decision to dismiss an employee on circumstantial evidence was found to be harsh and unreasonable.
Australia
3 Mar 2017
18
Forklift operator not unfairly dismissed for breach of ‘zero tolerance' drug and alcohol policy
An employee who smoked cannabis before work was not unfairly dismissed for breach of the employer's zero tolerance policy.
Australia
14 Nov 2016
19
Damages awarded to unfairly dismissed victim of domestic violence
This case is a reminder of the importance of procedural fairness and the effect of domestic violence on the workplace.
Australia
17 Apr 2016
20
Indemnity costs ordered against employee in hopeless unfair dismissal claim
The employee paid indemnity costs to the employer because of his imprudent and delinquent conduct during the proceedings.
Australia
17 Apr 2016
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