Work in the hotel industry during the pandemic lock down Prior to the pandemic, a hotel worker on the Gold Coast had worked 8-hour shifts five days a week. In the first week of August 2021, the local government of Queensland mandated a lockdown for all non-essential activities. The hotel industry … [Read more...] about Reduced hours during the Covid lock down
Reinstatement after a finding of an unfair dismissal—when it is inappropriate
This is an appeal to the Full Bench of the Fair Work Commission from a decision of a Commissioner. Background facts on the unfair dismissal application Employment and role A shift feeder worked at a potato processing plant in Tasmania. The feeder was also an AMWU delegate and a health … [Read more...] about Reinstatement after a finding of an unfair dismissal—when it is inappropriate
When verification was a team responsibility, evidence from the entire team must be considered or the investigation will be deficient
Applicant was not a native English speaker A weigher/labeller for a fresh goods company was hired in April 2013 and became a permanent full-time employee in November 2013. The weigher/labeller was born in Ethiopia and English was his second language. He worked 38 hours per week and his gross pay … [Read more...] about When verification was a team responsibility, evidence from the entire team must be considered or the investigation will be deficient
Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission
Deactivated Email A mine worker was hired in 2012. He had an old email address that he had later deactivated. He informed the Human Resources department of the mining company he worked for that he had deactivated the old email address and was using a new one. All correspondence between the worker … [Read more...] about Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission
Dismissal due to restaurant closure for Covid-19—not a case of genuine redundancy
Covid-19 pandemic and lockdown forced cessation of operations A small restaurant and bar had employed a chef for 15 years. When the Covid-19 pandemic occurred and the state enforced a lockdown, the restaurant/bar ceased operations. The bulk of their customers were office workers around their area … [Read more...] about Dismissal due to restaurant closure for Covid-19—not a case of genuine redundancy
Misplaced knife only negligent, not serious misconduct—dismissal unjustified
Mushroom picker for 15 years A mushroom picker had been employed on a full-time basis for 15 years. She received $19.49 per hour which was less than what she should have received under the Horticulture Award that entitled her to an hourly pay rate of $19.84. Not a small business … [Read more...] about Misplaced knife only negligent, not serious misconduct—dismissal unjustified