Dismissal and Termination

The Importance of Following Proper Dismissal Procedures: A Case Study

The Importance of Following Proper Dismissal Procedures: A Case Study

In a recent case before the Fair Work Commission (FWC), the consequences of failing to follow proper dismissal procedures were brought into sharp focus. The case involved a long-term employee who was abruptly dismissed following a heated discussion about overtime pay, leading to a ruling of unfair dismissal.

Starting a New Job While on Leave: Is It a Breach of Contract?

Starting a New Job While on Leave: Is It a Breach of Contract?

The Fair Work Commission recently dealt with a significant case that raises questions about employment contracts and the rights of employers and employees. The case centred around whether an employee’s decision to begin a new job while on extended leave from her current employer could be considered a repudiation of her employment contract, and whether the subsequent actions by the employer constituted unfair dismissal under the Fair Work Act.

Resignation Amid Remote Work Dispute: A Case Study on Workplace Accommodations

Resignation Amid Remote Work Dispute: A Case Study on Workplace Accommodations

The Fair Work Commission (FWC) recently handled a notable case involving a university employee who claimed her resignation was effectively forced by her employer. The core issues revolved around workplace accommodations for medical conditions, remote work arrangements, and the distinction between voluntary resignation and dismissal under the Fair Work Act.

Misconduct Discovered Post-Dismissal: Can It Affect Redeployment Decisions?

Misconduct Discovered Post-Dismissal: Can It Affect Redeployment Decisions?

The Fair Work Commission (FWC) recently adjudicated an unfair dismissal case involving a worker in the addiction treatment sector. This worker, who was made redundant, argued that her dismissal was unjust. The case brought to light several critical issues, including redundancy processes, redeployment obligations, and employee misconduct discovered during the redundancy period. It underscores the importance for employers to adhere to proper procedures during restructuring and for employees to maintain their obligations until their final day of work.

Personal Transactions at Work: Navigating Employer-Employee Boundaries

Personal Transactions at Work: Navigating Employer-Employee Boundaries

Navigating Employer-Employee Boundaries In a recent ruling by the Fair Work Commission (FWC), a small business employer faced a contentious case involving the dismissal of an employee for engaging in personal transactions during business hours. The incident, which unfolded at a car dealership, underscored critical issues of employee conduct and employer rights under the Small Business Fair Dismissal Code.