“Patently defective” dismissal costs absent employer $40K
Failure to participate in proceedings before the Fair Work Commission (FWC) has cost a Victorian employer dearly, with tens of thousands awarded in compensation to a dismissed employee purportedly sacked for being abusive and incorrectly invoicing quotes. Demonstrating a continued inability to respect the jurisdiction of the FWC, the same employer was penalised a second time within mere months, with a redundant worker being awarded nearly $20,000 compensation for his unfair dismissal.
Continue reading ““Patently defective” dismissal costs absent employer $40K”2024 Ekka (Show) Holidays for South-East Queensland
Looking for something a little more up to date? Try our news post of 2 July 2025.
2023-24 Annual Wage Review – Decision Issued
On 3 June 2024, the Minimum Wage Panel of the Fair Work Commission (FWC) handed down its Minimum Wage Ruling for the 2023-24 Annual Wage Review.
Continue reading “2023-24 Annual Wage Review – Decision Issued”Review confirms award rates below NMW not suitable for ongoing employment
In April, a Full Bench of the Fair Work Commission handed down its decision in a long-running review of entry-level classifications contained in 70 Modern Awards. As of July 2023, these classifications attach rates which fall below the National Minimum Wage (NMW). The decision confirmed the provisional view that such classifications – principally based on the C14 level within the Manufacturing Award – should have purely “transitional” application to new entrants, meaning progression to a higher classification level will become essential upon completion of an initial period of employment.
Continue reading “Review confirms award rates below NMW not suitable for ongoing employment”2023-24 Annual Wage Review in progress
As most employers are acutely aware, the 2023-24 Annual Wage Review has been in progress before the Fair Work Commission (FWC) for months. Whilst the amount of a potential wage increase has become increasingly difficult to predict, a decision is expected in early-June.
Continue reading “2023-24 Annual Wage Review in progress”Another employee fails with ongoing work-from-home bid
Merely a handful of disputes about the right to request flexible working arrangements have been referred to the Fair Work Commission (FWC) since the jurisdiction was introduced in mid-2023, and so far, the decisions have favoured employers. Most recently, a South Australian bank employee has failed to convince the FWC he should be able to remain working entirely remotely to support both his wife and daughter, with the Commission endorsing his employer’s requirement that all staff return to the workplace in some capacity.
Continue reading “Another employee fails with ongoing work-from-home bid”FWC endorses termination of injured Store Manager despite procedural deficiencies
The Fair Work Commission has upheld the pre-Christmas dismissal of a Store Manager who suffered debilitating injuries in a serious car accident in early-2023, overlooking procedural flaws to find there was no reasonable prospect of the employee successfully resuming his full-time role in the foreseeable future.
Continue reading “FWC endorses termination of injured Store Manager despite procedural deficiencies”Demo worker fairly dismissed for causing own near-death experience
A truck driver for a demolition company has failed to convince the Fair Work Commission that the seriousness of a safety breach which could have seen him run over by an excavator had been overstated, with termination being endorsed as an option which was “reasonably open” to the employer. In upholding the truck driver’s summary dismissal, Commissioner Allison also rejected the employee’s claim that a bullying complaint he had raised the day after the incident played any part in the decision to dismiss.
Continue reading “Demo worker fairly dismissed for causing own near-death experience”Strong Scottish Accent Costs Employer $32K in Dismissal Claim
A logistics company has paid a heavy price after the Fair Work Commission (FWC) found a worker with a strong Scottish accent was misheard and did not resign from her employment, as the company had maintained.
Continue reading “Strong Scottish Accent Costs Employer $32K in Dismissal Claim”
Senate Passes Increase to Paid Parental Leave
The Albanese Government has succeeded in raising the government funded paid parental leave entitled to 26 weeks, after the Senate passed legislation this week to give effect to the increase.
Continue reading “Senate Passes Increase to Paid Parental Leave”
OUR SERVICES
Representation
ES has represented thousands of employers in unfair dismissal cases and general protections disputes.
Find out moreEnterprise Bargaining
ES has been assisting employers with enterprise bargaining since enterprise bargaining was introduced.
Find out moreInvestigations
Investigating complaints of workplace bullying, sexual harassment and other grievances is often time consuming and difficult for organisations.
Find out moreTailored Contracts, Policies & Letters
ES works with employers to tailor contracts and policies to take account of their particular circumstances.
Find out more

