A recent case before the FWC demonstrates the importance of ensuring procedural fairness in dismissing an employee. In Kirkbright v K&S Freighters Pty Ltd [2016] FWC 1555, Commissioner Bissett held that, although the employer had a valid reason for dismissing Mr Colin Kirkbright, the deficiencies in the employer’s dismissal procedure resulted in the dismissal being […]

The Federal Circuit Court of Australia in Cai v Tiy Loy & Co Ltd (No. 3) [2016] FCCA 675 ordered Tiy Loy & Co Ltd (“Tiy Loy”) to pay more than $400,000 in compensation and penalties of more than $50,000 for unlawful adverse action against its employee, Mr Ree Bin Cai. This recent decision reinforces […]

Employee Ordered to Pay Costs After Refusing Settlement Offer The Fair Work Commission has ordered an unrepresented employee, Mr Colin Ferry, to pay almost $14,000 in costs following his refusal to accept a settlement offer of $3,000 from his former employer, GHS Regional WA Pty Ltd (“GHS Regional”) to settle his unfair dismissal claim. Background […]

The recent Fair Work Commission decision (‘FWC’), Carroll v Karingal Inc [2016] sheds new light on how certain management styles may amount to bullying. The FWC found that the management style of Karingal Inc’s Audit and Risk Manager, Mr Carroll (‘the Manager’), caused considerable “distress and anxiety” to Karingal staff under his management. The Manager […]

As social media continues to proliferate, employees and employers alike need to be wary of how they navigate social media platforms and how and when, social media activity may warrant disciplinary action, including dismissal. Two recent suspensions in the tertiary education sector have demonstrated that social media conduct is no longer shrouded by anonymity and […]

A recent Federal Court of Australia (‘FCA’) decision has somewhat clarified the application of the Australian Consumer Law to representations made to prospective employees designed to entice the employee into accepting an offer of employment. In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430, the FCA held that certain conduct […]

An accountancy firm manager’s appeal for unfair dismissal has failed after he secretly attempted to sell part of his employer’s business to Macquarie Bank for a $5 million personal   profit. Andrew Baird (‘the Applicant’) sought $122,512.50 in liquidated damages from Crowe Horwath (Aust) Pty Ltd (‘the Respondent’) contending that his dismissal constituted contending that his dismissal […]

The Fair Work Ombudsman (‘FWO’) recently secured its largest penalty against a 7-Eleven franchise which “systematically exploited its employees” and manipulated financial data in order to deceive payroll processes. The investigation into the franchise was conducted as part of an ‘audit campaign’ by the Office of the FWO into the employment practices of 7-Eleven stores […]

Significant work health and safety issues within 7-Eleven stores have been exposed by an independent Fairness Panel which was established by Allan Fels, the former chairman of the Australian Competition and Consumer Commission. One former 7-Eleven worker, Mr Sam Pendem, has made an appeal to the panel alleging a breach of his workplace rights. The […]

A recent judgement by the Fair Work Commission has shed light on workers moonlighting as Uber drivers, after a Perth man, Mr Jacob (‘the Applicant’), was dismissed for failing to declare that he drove for the ride sharing platform. The Applicant’s employment was terminated last year from his printer position at Western Australia Newspapers Ltd […]