In the case of Singh v Aerocare Flight Support Pty Ltd [2016] FWC 6186, the Fair Work Commission awarded a Perth airport baggage handler $4,800 in lost wages for his Unfair Dismissal claim. The baggage handler had posted on Facebook “We all support ISIS”. As a result, he was dismissed by his … [Read more...] about The Many Pitfalls of Social Media for both Employers and Employees
Swearing In The Workplace
The kind of behaviour considered appropriate in the workplace has evolved over the years. Whether an employee can have their employment terminated for swearing depends on a few things: the context in which the swearing occurs, the audience, and whether it was part of the workplace … [Read more...] about Swearing In The Workplace
Case Study: A Real-Life Example of What Constitutes an Unfair Dismissal
MKI Legal recently acted for a client, let’s call him Mike (because we cannot reveal his real name due to confidentiality obligations). Mike worked as a supervisor for an earthworks business in Western Australia. Mike’s case Mike was required to perform a job which involved conducting some drain … [Read more...] about Case Study: A Real-Life Example of What Constitutes an Unfair Dismissal
Evening the Playing Field: Unfair Dismissal Laws
Unfair Dismissal laws even the playing field between workers and companies and can provide vulnerable workers with a much-needed platform to seek redress for their dismissal. The outcome of Unfair Dismissal applications will reflect a consideration and balancing of the worker’s interests against the … [Read more...] about Evening the Playing Field: Unfair Dismissal Laws
Good Faith Bargaining in the Fair Work Commission – Case Update
In this article, we will explore the implications of a recent decision handed down by the Fair Work Commission, namely Association of Professional Engineers, Scientists and Managers Australia v Peabody Energy Australia Coal Pty Ltd (2014) FWC 6061. In this case, the Commission decided to reject the … [Read more...] about Good Faith Bargaining in the Fair Work Commission – Case Update
The High Court Changes the Contractual Landscape in its Recent Decision
In September 2014, the High Court of Australia handed down a milestone decision in Commonwealth Bank of Australia v Barker (2014) HCA 32. The High Court decided that workplace contracts in Australia do not have an implied term of mutual trust and confidence. An implied term is a term which binds … [Read more...] about The High Court Changes the Contractual Landscape in its Recent Decision