Unfair Dismissal
In the recent case of Debus v Condor Energy Services Limited [2022] FedCFamC2G 429, an employer, Condor Energy Services (the Employer) dismissed its accountant prior to completing his probationary period due to improper conduct in the workplace including obscene language towards colleagues and physically intimidating a colleague.
Further Minimum Award Rate Increases from 1 October 2022
An increase to the minimum wage has come into effect for several modern awards in the hospitality and aviation sectors as of 1 October 2022.
Fired for failing to use an emoji
In the recent case of Kristen Gordon v Sens Catering Group Pty Ltd [2022] FWC 1790, an employer, Sens Catering Group (the Employer) dismissed an employee as she had allegedly been ‘unfriendly’ in a text message to her manager because she failed to use a smiley face emoji.
Compensation ordered for employee following termination for missing COVID-19 vaccination deadline
In January 2022, an employer, Maicap Unit Trust t/a Nocelle Foods (the Employer) dismissed a long-standing employee, two days after it had suspended the employee for failing to offer proof of her first vaccination.
Fair Work Commission increases minimum wage – is now the right time?
Fair Work Commission increases minimum wage – is now the best time?The Fair Work Commission (FWC) has raised the minimum wage by 5.2% to $812.60 per week, and 4.6% for all full time and part time Award covered employees in a move touted as a step in the right direction by some, and harsh timing for small business by others.
Sacked for texting too much: What does the Fair Work ruling mean for you?
The Fair Work Commission has upheld the dismissal of a health and safety manager who was fired for sending too many personal text messages during work hours. The Employer alleged that the employee was sending too many text messages from her work phone relating to her personal business while also managing the company’s health and […]
First Anti-Harassment Case Heard By FWC
On 24 December 2021, the Fair Work Commission (FWC) handed down the first decision following its expanded anti-sexual harassment jurisdiction (as outlined in our November 2021 update). The incident involved the complainant alleging bullying and sexual harassment by two workers from a neighbouring business in the same warehouse complex. Whilst the FWC could make orders […]
What Happens When the Terms of a Deed of Settlement does not Reflect the Terms Agreed Between Parties
In a recent matter, an employee was seeking recourse regarding terms of a Deed that were agreed to between the parties upon cessation of employment. The employee had agreed to a settlement amount which comprised various amounts, on the basis that a large percentage of the amount was to be characterised as a redundancy payment […]
5 February 2022 – Deferral of Borders Reopening
It appears that the Government has altered its original position from reopening the State’s hard border on 5 February 2022. Notwithstanding the change of position, it is still recommended that employers take steps now to prepare for an inevitable spread of COVID-19 within the community, to minimise any disruption to its workforce and clients. This […]
Dismissal of an Employee Due to Intellectual Property Theft
In September 2021, a former employee made a claim for unfair dismissal against Amplified AI (the Employer), with the matter proceeding to formal arbitration in the Fair Work Commission (FWC). The Employer discovered that the employee had made a design system available online, with remarkable similarities to one he was developing in his capacity as […]