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Workplace bullying: What it is, what it’s not and what to do about it
By MKI Team
/ 05/01/2022
When is an employee considered to have been bullied at work? Under s 789FD of the Fair Work Act 2009,...
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Ambulance station manager, sacked for anti-vaccination comments on Facebook, asks invalidation of “unreasonable” public health orders
By MKI Team
/ 15/12/2021
Background facts An ambulance station manager refused to be vaccinated despite an order from the Health Minister of New South...
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When verification was a team responsibility, evidence from the entire team must be considered or the investigation will be deficient
By MKI Team
/ 20/10/2021
Applicant was not a native English speaker A weigher/labeller for a fresh goods company was hired in April 2013 and...
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When a significant reduction in compensation is a dismissal
By MKI Team
/ 12/10/2021
Enterprise agreement allowing for demotion as penalty for misconduct A Shift Manager for a train transport company had been employed...
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Solicitor under legal supervision: Considered an employee of a law firm?
By MKI Team
/ 06/10/2021
Legal supervision a requirement for the legal profession A lawyer graduated in September 2018 and was admitted as a solicitor...
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Non-receipt of government wage subsidy not a ground to withhold employee’s pay
By MKI Team
/ 01/10/2021
Probationary employee enquires about delayed pay A senior operator/manager had been working for 5 weeks but she had not been...
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Unreasonable behaviour of a manager toward a staff member—when is it bullying?
By MKI Team
/ 28/09/2021
Conflict between new manager and staff A sales assistant at a jewellery store had been promoted to the role of...
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Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission
By MKI Team
/ 23/09/2021
Deactivated Email A mine worker was hired in 2012. He had an old email address that he had later deactivated....
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Dismissal due to restaurant closure for Covid-19—not a case of genuine redundancy
By MKI Team
/ 21/09/2021
Covid-19 pandemic and lockdown forced cessation of operations A small restaurant and bar had employed a chef for 15 years....
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Misplaced knife only negligent, not serious misconduct—dismissal unjustified
By MKI Team
/ 14/09/2021
Mushroom picker for 15 years A mushroom picker had been employed on a full-time basis for 15 years. She received...
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