The implications of employer policies and directions for valid reason for dismissal

Valid in this context is generally considered to be whether there was a sound, defensible or well-founded reason for the…

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Zero tolerance drugs policy again upheld

A senior member of the Fair Work Commission has re-affirmed that it will support employers with zero tolerance policies to…

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Zero tolerance drug and alcohol policy supported by FWC

Although reasonably rare, the Fair Work Commission will occasionally (and frankly and regrettably depending upon which member of the Commission…

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Breaching safety policies; the consequences

“It is clear that a dismissal may be found to be harsh, notwithstanding a breach of an important safety procedure,…

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Breach of employer’s safety policies; grounds for dismissal?

When will a breach of an employer’s safety policies be grounds for dismissal? “In Bostik (Australia) Pty Ltd v Gorgevski…

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Unfair dismissal; impact of employer’s zero tolerance policies

A one off error of judgment, or act of negligence or carelessness, is not enough to constitute a valid reason…

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Trend to ban mobile devices in the workplace

According to a recent media report there is an increasing trend for Australian employers to ban the presence and use…

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The boot’s on the other foot; tax officer loses unfair dismissal case due to not filing tax returns

The dismissal of a Tax Office tax recovery officer who failed to file a personal tax return for 4 consecutive…

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Drug testing in the workplace; implications of ambiguity

“I accept the observation of the Full Bench in Owen Sharp v BCS Infrastructure Support Pty Ltd (2015) FWCFB 1033…

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Safety is king in unfair dismissal cases, or is it?

The Fair Work Commission will discount an award of compensation for unfair dismissal if it finds that although a dismissal…

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