Dismissals

Why the FWC reinstated employees because their dismissals were unfair and not genuine redundancies?

In the Paul Williams and Ors v Staples Pty Ltd case, “the FWC ordered the applicants be reinstated in light of the available redeployment opportunities, the fact that there was no evidence of any deterioration in the employment relationship and the applicants’ unblemished work records.”

FWC will review abandonment clauses in all modern awards

In Boguslaw Bienias v Iplex Pipelines Australia, a team leader failed to show up to work for a fortnight. During his absence, Iplex attempted to contact the employee by phone, in writing, and even arranged for the police to conduct a welfare check on him. The employee did not respond. As a result of this case’s decision, the FWC announced that it will review abandonment clauses in all modern awards.

Does a summary dismissal still need to follow a process?

Jim Roberts of Hesketh Henry reminds us in this article that “while some incidents might be so flagrant or reckless and easily evidenced (for example by security footage) that they appear to justify termination on the spot, it is important that the alleged behaviour is properly investigated and a lawful process is carried out.”

How are you dealing with swearing in the workplace?

“Is swearing ever appropriate in the workplace?” asks Simon Billing of Corrs Chambers Westgarth in this excellently detailed article. “Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.” Read more about these specific cases here and each outcome.

What exactly is unfair dismissal from your employment?

The MDC Legal team remind employees and employers alike, that “there are strict time limits for making an unfair dismissal claim. An employee has 21 days from the date of dismissal to make a claim under the national system and 28 days under the [WA] state system.”

What is a formal warning?

“If an employer wishes to rely on a series of warnings to justify a dismissal, each of those warnings must be justifiable,” writes the team at Hesketh Henry. “Warnings should be used as a rehabilitative tool, rather than a punitive one.”

Redundancies breach Enterprise Agreement provisions

The Full Court of the Federal Court has reinstated employees retrenched in breach of the redundancy terms of their enterprise agreement, even though the employer had adequately consulted with them. Senior Associate Tarsha Gavin and Lawyer Tom Kavanagh of Allens report.

Employees to ‘double dip’ on entitlements?

“You need to be conscious of this [AMWU v Donau Pty Ltd [2016] FWCFB 3075] decision when terminating the employment of any permanent employee who has had a period of continuous, regular and systematic casual service – especially in redundancy programs,” writes the Minter Ellison team. Read more about its impacts.

Was the dismissal of Mr Goodall unfair?

The FWC has ordered the reinstatement of an employee dismissed for inappropriate and unsafe workplace behaviour, despite the employer having a valid reason for the dismissal and following a fair procedure. Allens’ Law Graduate David Hunt and Partner Simon Dewberry report.