Summary A worker was accused of being a “disruptive menace” for assaulting the chief executive and causing a panic amongst staff members when he came in to work visibly angry after he had been told to take a leave to sort out his mental health. The employee made a general protections claim against the employer because it had delegated the task of telling him that he had been summarily dismissed from employment to the police.   When is an employee be considered to have been terminated? A production manager commenced employment on 21 August 2020. The employer alleged that the production man ..read more

Summary A chef was accused of making discriminatory remarks against indigenous employees and employees who were people of colour and members of the LGBTQ community. During the investigation, there was insufficient evidence against the chef, but the chef failed to follow the HR manager’s instructions and behaved towards the HR manager in a disrespectful manner.   He refused to properly fill out timesheets, refused to provide medical statements showing he was fit to work, refused to attend meetings to discuss the allegations against him, and refused to make himself available to the HR manag ..read more

Summary A passenger who refused to pay the fare, sat in a seat reserved for disabled people, and wore a face mask under his chin was implored by a bus driver in the Gold Coast to wear his mask properly. The passenger refused and said, “F-ck off, Karen” to the driver. The driver asked the passenger to get off but he refused.   The driver used her smart watch to contact the bus company’s control room and to call the police. The driver then asked all the other passengers to leave the bus as the driver was going to wait for the police to arrive to make the passenger get off the bus. The drive ..read more

Summary The NSW Corrective Services dismissed a senior correctional officer in May 2021 after he had pleaded guilty to two charges of common assault against a co-worker with whom he’d had an extra-marital affair. The employer determined that the corrections officer violated the NSW Government Sector Employment Act but during the investigation of the incident/complaint, the senior corrections officer claimed that he and his co-worker had engaged in a consensual sexual relationship where they engaged in a “lot of sexual horseplay.” The senior corrections officer was dismissed.   Misconduct ..read more

Summary A Risk and Compliance manager at an all-girls grammar school was dismissed for her failure and refusal to meet the vaccination deadline which the school required of all employees prior to conducting face-to-face classes. When the grammar school sent her an allegations letter, instead of responding, the risk and compliance manager asked for a risk assessment. The manager was sacked in light of the approved Covid-19 vaccines and the public health orders.   Refusing to be vaccinated results in an employee being unable to perform duties and makes her termination valid A compliance man ..read more

Summary A union delegate who also worked as a casino inspector had spoken to the media about the employer keeping them in the dark regarding staffing levels, wages, and conditions considering the impending shift in the casino’s ownership structure. The lawyer for Casino Canberra then sent the union delegate a notice that his speaking with the media did not meet the behavioural standards of the employer as his statements to the media constituted “spreading rumours and gossip” about the employer.   The lawyer further informed the casino inspector that he would undergo formal performance cou ..read more

Summary A production coordinator accused her manager of sexually harassing her throughout her six-month employment. She alleged that her manager tickled her and slapped her bottom whilst telling her that her bottom was too skinny. The production company immediately dismissed the manager but asked the production coordinator to keep her complaint confidential.   The production manager then resigned as she felt anxious when her co-workers asked her about the dismissal of the manager. The manager was rehired after one month of the production coordinator’s resignation. When the production comp ..read more

Summary Sydney Trains reduced the annual pay of a shift manager as a penalty for disciplinary reasons. The shift manager remained on the job and the enterprise agreement as well as government regulations allowed such a penalty for disciplinary reasons. The FWC was asked to decide on whether the 10% pay cut could be considered a dismissal from employment. The FWC ruled that it was not, as the pay cut did not come with a demotion and neither the employment relationship nor the contract of employment was terminated.   Demotion authorised by an enterprise agreement and by regulation does not ..read more

Summary A truck driver was hired by a milk company under casual employment arrangements. The truck driver offered to do some unscheduled work if he was paid. The milk company then refused to give the truck driver any casual loading. The truck driver then filed an adverse action claim. The Federal Circuit and Family Court Judge rejected the truck driver’s claims and held that “under casual employment arrangements, there is an ability for an employer or an employee to simply end the employment arrangement whenever either wishes to do so. The Federal Court of Australia found that the truck driver ..read more

Summary A service technician assigned at a remote iron ore mine site groped the breast of and pursued two young female cleaners. One of the female cleaners left the worksite declaring that it was too unsafe to return. An external investigation found the women’s complaints substantiated. After the external investigation, the management of the mining company invited the service technician to a show cause meeting. He was later summarily dismissed for serious misconduct.   A 58-year-old mining technician started working for a mining firm in Western Australia in 2018. On 19 June 2021, he had j ..read more