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FWC – Unfair Dismissal
Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 With the Deputy President Dean dissenting and stating, “Never have I more strenuously disagreed with an outcome in an unfair dismissal application”, the issue of mandatory vaccinations for employees is far from resolved. The majority of Vice President Hatcher and Commissioner Riordan dismissed...
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Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Dowsett, Barker and Rangiah JJ Background The appellant was employed as a boilermaker at a mine in Queensland and in October 2011 he injured his right shoulder while undertaking work duties. In July 2012, the appellant further injured his shoulder while mowing his lawn....
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Reproduced with permission of Corrs Chambers Westgarth lawyers By Simon Billing (Partner), Courtney Fiddian (Senior Associate) & Thalia Botsis (Graduate Lawyer) Is swearing ever appropriate in the workplace? Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.   When it comes to swearing in the workplace, context is key. Employers...
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Rikihana v Mermaid Marine Vessel Operations Pty Ltd [2014] FWC 6314 Rikihana (“the applicant”) was employed as a “wharfie” by Mermaid Marine Vessel Operations and was dismissed after repeatedly using offensive language. The FWC’s position on this case reinforces that even though swearing was a part of the culture at the dock, there is a...
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Harbour City Ferries Pty Ltd v Toms [2014] FWCB 6249 The employer dismissed the Mr Toms the respondent because of his serious misconduct, namely attending work and testing positive to marijuana in contravention of their zero tolerance policy on drugs. The circumstances in which this became known followed a crash of the ferry Marjorie Jackson...
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Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177 The appeal was confined to a narrow issue of whether the employer’s policy formed part of the contract of employment or was merely aspirational. The court (Allsop CJ, Rares J and Mckerracher J) found it was and had not been complied with. The consequence...
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Conflict in the workplace is not uncommon. The recent unfair dismissal appeal decision of Jacqueline Lumley v Bremick Pty Ltd Australia T/A Bremick Fasteners [2014] FWCFB 8278 by the Full Bench of the Fair Work Commission (FWC) serves as a useful example of how a workplace disagreement may be considered and justified. This case covers...
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Cowan v Sargeant Transport Pty Ltd [2014] FWC 5330 Commissioner Bissett 387 Criteria for considering harshness etc. In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take into account: (a) whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including...
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The following recent decisions are of interest: Allegation of being a whistle blower – The Applicant v The Respondent [2014] FWC 3189  Allegation of physical assault – David Browne v Coles Group Supply Chain Pty Ltd [2014] FWC 3670 Allegations of WorkCover fraud – Kinnane v DP World Brisbane Pty Limited [2014] FWC 4541  ...
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Foster v CBI Constructors Pty Ltd [2014] FWCFB 1976 The current threshold is $129,300,00. The Full Bench decision is of interest in its consideration of whether in this instance, overtime earnings were to be included under s.382 of the Act. The appeal was refused on the basis the appellant was regularly rostered for overtime roster....
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