Case Studies

Out of hours Facebook posting ridiculing supervisor justifies termination

Out of hours Facebook posting ridiculing supervisor justifies termination

In a further confirmation that social postings can lead to termination of employment, the Fair Work Commission has rejected an employee’s claim that comments he made out of hours should not be deemed misconduct. In refusing to overturn BHP’s decision to terminate one of its fitters, Commissioner Peter Hampton found there was a relevant and sufficient connection between the employee’s…read more →

“Reasonable notice” ruling adds termination pressure on employers

“Reasonable notice” ruling adds termination pressure on employers

A recent Federal Court decision has highlighted the risk of relying on the National Employment Standards (the NES) to define the amount of notice required when terminating staff. In a case involving a misbehaving employee, the Court held the NES requirement of 5 weeks’ pay may be insufficient and that additional payment for ‘reasonable notice’ could be an implied requirement,…read more →

25 year gap no barrier to hearing loss liability

25 year gap no barrier to hearing loss liability

Even though an employee had last worked with an employer in 1991 and had several employers since, the NSW Workers’ Compensation Commission has held an employer liable for a hearing injury claim lodged in April 2015 seeking a lump sum amount as well as hearing aids. Facts of the case Mr Noel Parsons worked at Qantas between 1954 and 1991…read more →

Confused reaction to disruptive patient justifies payment to terminated security employee

Confused reaction to disruptive patient justifies payment to terminated security employee

In a delayed decision handed down on 2 November 2016 the IRC considered an incident where Mr Siddique, a security employee at a major hospital, was observed on CCTV to push over and injure a disruptive patient. While his actions were found to justify his termination, Commissioner Tabbaa found confusion by supervisors meant Mr Siddique’s activities were not adequately questioned,…read more →

Performance shortcomings: lost wheels not enough to lose job

In a decision handed down on 2 September 2016 the IRC Full Bench considered whether poor performance by a State Transit Authority (STA) bus mechanic justified his dismissal. The termination of his employment followed an incident in which a bus serviced by the mechanic lost two wheels as it rounded a corner. Facts Mr Sunil Dissanayake worked as a qualified…read more →

Poor dismissal procedures result in fraudulent manager being awarded compensation

Notwithstanding finding a shop manager had engaged in misconduct by failing to account for cash sales and providing friends with his ‘family discount’, the Fair Work Commission has awarded him compensation due to procedural deficiencies in the employer’s dismissal process. On 5 August 2016, Commissioner Cambridge handed down his unfair dismissal decision concerning a Blacktown shop manager who had been…read more →

Well written contract protects employer from competitor

A restraint clause in an executive’s contract of employment has provided an employer an additional 3 months protection from competition after the employee resigned to take up a job offer with a direct competitor. Facts On 1 August 2016 the NSW Supreme Court handed down its decision in a case brought on by port operator, DP World, against its former…read more →

Recent Employment Law cases you may have missed

1. Employee sacked for bullying HR staff after demotion for racial abuse The Commission has endorsed the dismissal of a worker who had initiated a campaign of email harassment of HR staff who had been involved in his earlier demotion. The demotion followed an investigation into allegations the worker had called an Indian colleague “smelly” and had encouraged a co-worker…read more →