News

“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.

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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.

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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. 

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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. 

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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.

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