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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Mixed messages and a bob each way by the Fair Work Commission in zero alcohol tolerance cases

The Fair Work Commission is sending mixed messages to Australian workplaces about its support for employers which have zero tolerance…

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Rules are made to be broken; unfair dismissal despite rule breach

A forklift driver who was summarily dismissed for not wearing a seat belt, contrary to the express policies of his…

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