A child protection case worker had been working full-time for a community service centre since January 2019. She had received positive performance reviews and had been commended for the quality of her work. She went on maternity leave in June 2020 but returned to work on 22 March 2021. Case … [Read more...] about Dismissal for posting Hitler moustache on Facebook, not unfair or unreasonable but harsh
In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations
Aviation First Aid Training An Aviation Safety Training Instructor for Flight Operations had been employed with an Australian airline company since August 2013. On 7 January 2021, the training instructor conducted a training course for the airline employees at their jet base in Sydney. The … [Read more...] about In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations
He said, she said: Marital breakdown—not a valid cause for redundancy or dismissal for cause
Was the wife even an employee of the business? In 2012, when a husband and wife co-founded a company that bought and sold phone cases and other electronic gadgets, the wife began working for the company. The husband disputed the wife’s assertion that she co-founded the company with him. He asserted … [Read more...] about He said, she said: Marital breakdown—not a valid cause for redundancy or dismissal for cause
Finding potential external employment for staff is not an acceptable alternative to reducing redundancy pay
Employer’s application for reduction of redundancy entitlement In a deviation from the usual case, this treats of an application by an employer to reduce the amount of redundancy pay of nine employees it had made redundant to nil. The employer argued that as an employer, it had obtained other … [Read more...] about Finding potential external employment for staff is not an acceptable alternative to reducing redundancy pay
Company’s erroneous advice, an exceptional circumstance that allowed a late unfair dismissal application
Tram driver dismissed for inability to perform job A tram driver suffered from calcification of the coccyx that made it painful for him to sit at the driver’s seat. He’d had three corrective surgeries but the fourth surgery had been delayed because of Covid. The tram driver had not been working and … [Read more...] about Company’s erroneous advice, an exceptional circumstance that allowed a late unfair dismissal application
Having drug levels higher than company threshold is serious misconduct
Allegations of intoxication by colleagues An IT Project Manager was hired by a sugar company in 2019. In April 2021, the IT General Manager and the HR Manager met with the project manager to advise him of allegations raised by two colleagues and that an investigation will be … [Read more...] about Having drug levels higher than company threshold is serious misconduct