Unfair Dismissal

Unfair Dismissal Archives - MKI Legal

Dismissal for posting Hitler moustache on Facebook, not unfair or unreasonable but harsh - MKI Legal

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...[Read More]

Bus Driver Dismissed, Reinstated After Abuse - MKI Legal

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...[Read More]

Manager Dismissed, Compliance of Public Health Orders Mandatory - MKI Legal

Summary A liaison officer agreed for her employer to use her image in a workplace poster urging employees to “Feel great—lubricate!” She had volunteered to participate in a spine safety campaign but had not been told how her photo would be used. A Chaldean Catholic, she nearly collapsed when she saw the widely circulated poster....[Read More]

Officer Faced Sexual Harassment After Participating In Safety Program - MKI Legal

Summary A barista working as a casual at a small coffee shop in Brisbane was summarily dismissed and was told that her services were no longer needed. She claimed that her sacking was due to her making complaint with the Fair Work Ombudsman about underpayment or delayed payment of salaries. She also claimed to have...[Read More]

Barista Dismissed, Insists On Working. Was It Unfair? - MKI Legal

A senior manager was first employed by a bank as a Customer Service Officer. Through 35 years of employment, he had reached the position of Senior Relationship Manager in a branch. He had been provided training on the bank’s policies regulating employee conduct. His most recent training focused on victimisation, discrimination, and sexual harassment. The...[Read More]

Misconduct at a work-related social event is a valid reason for dismissal - MKI Legal

A council worker was hired to work as a school crossing supervisor in March 2009. He was one of 108 school crossing supervisors employed by the council. He had been working for three years at the school crossing near a primary school.   Incident of 12 March 2021 Request to touch the teacher’s hair. A...[Read More]

Sexually harassing conduct weighs against harshness of dismissal - MKI Legal

An associate professor of mathematics began his employment at a university in June 2012.   Kissing incident at the beach during a retreat On 21 November 2017, the professor coordinated a mathematics academic retreat at a beachside campus. The professor was in his mid-30s and he had a female student who was in her 20s....[Read More]

Dismissal for carrying on a consensual romantic affair with student, unfair and unreasonable - MKI Legal

A child protection case worker had been working full-time for a community service centre since January 2019. She had received positive performance reviews and had been commended for the quality of her work. She went on maternity leave in June 2020 but returned to work on 22 March 2021.   Case worker, distressed by Covid-19...[Read More]

Was the wife even an employee of the business? In 2012, when a husband and wife co-founded a company that bought and sold phone cases and other electronic gadgets, the wife began working for the company. The husband disputed the wife’s assertion that she co-founded the company with him. He asserted that the wife began...[Read More]

He said, she said: Marital breakdown—not a valid cause for redundancy or dismissal for cause - MKI Legal

Tram driver dismissed for inability to perform job A tram driver suffered from calcification of the coccyx that made it painful for him to sit at the driver’s seat. He’d had three corrective surgeries but the fourth surgery had been delayed because of Covid. The tram driver had not been working and had in fact...[Read More]