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
Feeling like knocking someone off their perch? Not a valid reason for a termination
Employment history Two bacon operators worked on a production line. Operator #1 was hired on 15 October 2009 and had been working at that same factory for 11 years while Operator #2 had been working for 5 years. Their duty was to take piles of bacon from a conveyor belt, transfer them to their … [Read more...] about Feeling like knocking someone off their perch? Not a valid reason for a termination
Posting sexually suggestive meme on Facebook, valid ground for dismissal
Finance Broker’s role The finance broker was hired on February 2013. He helped clients organise their assets, apply for and settle loans through banks and he dealt with clients through phone or email. His work performance depended on the number of loans he generated for the finance company. In … [Read more...] about Posting sexually suggestive meme on Facebook, valid ground for dismissal
Downsizing and lay-off due to covid-19 must be proved as a genuine case of redundancy
Employment by labour hire company on a job-share scheme A 64-year-old Coal Mine Operator was deployed by a labour hire company at an open cut coal mine in central Queensland. The operator lived in New South Wales and he operated a Haul Truck on two “swings” which meant he worked seven days straight … [Read more...] about Downsizing and lay-off due to covid-19 must be proved as a genuine case of redundancy
Mandating vaccination in the workplace
The question of whether or not employers can mandate that their employees be vaccinated, has been the subject of a number of recent decisions by the Fair Work Commission, and is of increasing relevance as we move through the COVID-19 pandemic. Jennifer Kimber v Sapphire Coast Community … [Read more...] about Mandating vaccination in the workplace