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...[Read More]

“Disruptive Menace” Terminated, Was Application Made Out Of Time? - MKI Legal

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....[Read More]

Disrespecting HR Manager is misconduct and a valid reason for dismissal - 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 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,...[Read More]

Dismissal of Senior Officer – Was Misconduct In Personal Life Valid Grounds for Termination? - 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 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...[Read More]

Casino Worker Disciplined for Industrial Activity - MKI Legal

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. &nbsp; The production...[Read More]

Sexually Harassed Employee Told To Keep Quiet, Manager Rehired - MKI Legal

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...[Read More]

Demotion As A Penalty For Misconduct Is Authorised, Found Not Unfair - MKI Legal

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...[Read More]

Casual Employee Entitled to Award of Full-Time Employee - MKI Legal

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...[Read More]

Mine Technician Stood Down Because Of Allegations Of Sexual Harassment - 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 growing side business A health and safety manager began full-time employment in December 2020. In February 2021, the manager listed her farm cottage on Airbnb, intending to rent it out. However, she was contacted by another company proposing for her to allow caravaners to park on her property nightly. &nbsp; Her property began to...[Read More]

Excessive personal texting for a private side business whilst at work a valid ground 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

A retail employee worked part-time at a supermarket beginning October 2017 as a check-out operator and swiftly became a supervisor in the customer service department. From working for only 25 hours per week, she was asked to work 35 hours a week.   Discovered that a co-worker was a convicted paedophile On 3 July 2021,...[Read More]

Insubordination caused by disagreeing with employer’s actions is a valid reason for dismissal - MKI Legal

Constable, promoted to senior constable, then, sergeant A constable had been posted at several police stations in New South Wales since he completed training at the police academy in 1997. In 2003, he was promoted to Senior Constable and in 2005, he was promoted to Leading Senior Constable. In 2012, he was promoted to the...[Read More]

Evidence of mild autism is insufficient to excuse sexually harassing conduct - 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]

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

Aviation First Aid Training An Aviation Safety Training Instructor for Flight Operations had been employed with an Australian airline company since August 2013. On 7 January 2021, the training instructor conducted a training course for the airline employees at their jet base in Sydney. The training consisted in a morning and an afternoon session with...[Read More]

In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations - MKI Legal

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

Employer’s application for reduction of redundancy entitlement In a deviation from the usual case, this treats of an application by an employer to reduce the amount of redundancy pay of nine employees it had made redundant to nil. The employer argued that as an employer, it had obtained other acceptable employment for the 9 employees...[Read More]

Finding potential external employment for staff is not an acceptable alternative to reducing redundancy pay - 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]

Company’s erroneous advice, an exceptional circumstance that allowed a late unfair dismissal application - MKI Legal

Allegations of intoxication by colleagues An IT Project Manager was hired by a sugar company in 2019. In April 2021, the IT General Manager and the HR Manager met with the project manager to advise him of allegations raised by two colleagues and that an investigation will be commenced. &nbsp; Investigation by the company A...[Read More]

Having drug levels higher than company threshold is serious misconduct - MKI Legal

An engineer was hired in 2007 by a German bus manufacturing company doing business in Australia. When an Australian bus company bought the German bus company in 2017, the engineer was hired by the Australian bus manufacturing company. In 2019, the Australian bus manufacturing company merged with another Australian bus designing company. The engineer worked...[Read More]

Employer’s clumsy disciplinary action and termination for engineer’s poor performance constituted harshness - MKI Legal

Impressive work history A correctional officer began working for the state of Queensland in 2014. He was the opportunity to take on the role of Acting Correctional Supervisor for two years. He accomplished his certifications and the trainer and assessor assessments. He also served on the workplace health and safety committee and attended a leadership...[Read More]

Microsleeping on the job because of undiagnosed sleep apnoea—serious misconduct? - MKI Legal

Construction work The crane operator had been a member of the union for 20 years and he had been working as a crane operator for a construction contractor for three years. He arrived at the Epping worksite in the morning to pick up a crane and drive it to the Metro Tunnel construction site in...[Read More]

Is attending a violent anti-vaxx protest an act of serious misconduct warranting summary dismissal? - MKI Legal

Work for a small family-owned business on private property A labourer began working for a small family business when he was still in school but became a regular employee after he finished school. Only two labourers were when employed. The labourer worked on the private property owned by the family. On this private property, the...[Read More]

Running over the boss’s pet bird, not an act of serious misconduct warranting summary dismissal? - MKI Legal

Stevedore work at the Port of Sydney Harbour, variable A stevedore worked for a port operator at Sydney Harbour. He was 60 years old and he had been employed as a stevedore for 11 years. The stevedore was classified as a variable salary employee. He was not placed on rosters and was only irregularly engaged...[Read More]

No work for 21 months — a case of redundancy? - MKI Legal

Employed for 24 years A store supervisor began working as a store person for a warehouse company in March 1997. As a store person, it was his duty to use a forklift to take stock from the receiving area to the storage area. He also operated the forklift to replenish stock. He used an electric...[Read More]

Sacked for using mobile phone whilst operating a forklift - MKI Legal

Draftsman hired for a project A draftsman started employment with an aircraft manufacturer. His employment by the Australian company was in connection with a project commissioned by a Hong Kong company to design and build a single-engine aircraft in Australia. The draftsman and his family relocated to live near the company’s worksite. The draftsman’s wife...[Read More]

Constructive Dismissal? Repeated late payment of wages for six months, cause enough for employee to resign - MKI Legal

Membership in the CFMEU A patcher was a member of the Construction, Forestry, Mining and Energy Union (CFMEU). He resigned from the union to protest the union’s inadequate response to the concerns he had raised about safety deficiencies on the project where the patcher and his friend had been working. The patcher’s friend sustained a...[Read More]

Worker dismissed for refusing to join a union awarded $7000 - MKI Legal

Work in the hotel industry during the pandemic lock down Prior to the pandemic, a hotel worker on the Gold Coast had worked 8-hour shifts five days a week. In the first week of August 2021, the local government of Queensland mandated a lockdown for all non-essential activities. The hotel industry is considered a non-essential...[Read More]

Reduced hours during the Covid lock down - MKI Legal

This is an appeal to the Full Bench of the Fair Work Commission from a decision of a Commissioner. Background facts on the unfair dismissal application &nbsp; Employment and role A shift feeder worked at a potato processing plant in Tasmania. The feeder was also an AMWU delegate and a health and safety representative who...[Read More]

Reinstatement after a finding of an unfair dismissal—when it is inappropriate - MKI Legal

When is an employee considered to have been bullied at work? Under s 789FD of the Fair Work Act 2009, there is bullying when an individual or group of individuals repeatedly behave unreasonably toward a worker or a group of workers where the applicant is a member. The unreasonable behaviour must be repeated and it...[Read More]

Workplace bullying: What it is, what it’s not and what to do about it - MKI Legal

Background facts An ambulance station manager refused to be vaccinated despite an order from the Health Minister of New South Wales directing all health care workers in NSW to be vaccinated. Later, the ambulance station manager made public statements against the government of NSW and cast doubt on the efficacy and necessity of vaccines. For...[Read More]

Ambulance station manager, sacked for anti-vaccination comments on Facebook, asks invalidation of “unreasonable” public health orders - MKI Legal

Applicant was not a native English speaker A weigher/labeller for a fresh goods company was hired in April 2013 and became a permanent full-time employee in November 2013. The weigher/labeller was born in Ethiopia and English was his second language. He worked 38 hours per week and his gross pay was $935. &nbsp; Responsibility for...[Read More]

When verification was a team responsibility, evidence from the entire team must be considered or the investigation will be deficient  - MKI Legal

Enterprise agreement allowing for demotion as penalty for misconduct A Shift Manager for a train transport company had been employed for over 30 years. His latest classification was RC6 Level E and his gross annual pay was $141, 442. The enterprise agreement allowed for the train company to demote a worker when the worker was...[Read More]

When a significant reduction in compensation is a dismissal - MKI Legal

Legal supervision a requirement for the legal profession A lawyer graduated in September 2018 and was admitted as a solicitor in NSW in December 2018. He was a restricted legal practitioner because he had not yet completed the legal supervision requirement. Legal supervision does not always require employment at a law firm. The supervision must...[Read More]

Solicitor under legal supervision: Considered an employee of a law firm? - MKI Legal

Probationary employee enquires about delayed pay A senior operator/manager had been working for 5 weeks but she had not been paid her wages despite her employment contract providing that she will be paid on a fortnightly basis. She also asked for a payslip.  She was provided with a Jobs Victoria Fund Employee Consent Form so...[Read More]

Non-receipt of government wage subsidy not a ground to withhold employee’s pay - MKI Legal

Conflict between new manager and staff A sales assistant at a jewellery store had been promoted to the role of supervisor on February 2018. There had been no store manager until March 2020. Conflict began to arise between the store manager and the three members of the staff, particularly with the supervisor.  All three members...[Read More]

Unreasonable behaviour of a manager toward a staff member—when is it bullying?  - MKI Legal

Deactivated Email A mine worker was hired in 2012. He had an old email address that he had later deactivated. He informed the Human Resources department of the mining company he worked for that he had deactivated the old email address and was using a new one. All correspondence between the worker and the mining...[Read More]

Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission - MKI Legal

Covid-19 pandemic and lockdown forced cessation of operations A small restaurant and bar had employed a chef for 15 years. When the Covid-19 pandemic occurred and the state enforced a lockdown, the restaurant/bar ceased operations. The bulk of their customers were office workers around their area but when employees began working from home, they lost...[Read More]

Dismissal due to restaurant closure for Covid-19—not a case of genuine redundancy - MKI Legal

Mushroom picker for 15 years A mushroom picker had been employed on a full-time basis for 15 years. She received $19.49 per hour which was less than what she should have received under the Horticulture Award that entitled her to an hourly pay rate of $19.84. &nbsp; Not a small business employer The employer owned...[Read More]

Misplaced knife only negligent, not serious misconduct—dismissal unjustified - MKI Legal

Employment history Two bacon operators worked on a production line. Operator #1 was hired on 15 October 2009 and had been working at that same factory for 11 years while Operator #2 had been working for 5 years. Their duty was to take piles of bacon from a conveyor belt, transfer them to their table,...[Read More]

Feeling like knocking someone off their perch? Not a valid reason for a termination - MKI Legal

Finance Broker’s role The finance broker was hired on February 2013. He helped clients organise their assets, apply for and settle loans through banks and he dealt with clients through phone or email. His work performance depended on the number of loans he generated for the finance company. In 2017, the Finance Broker’s position was...[Read More]

Posting sexually suggestive meme on Facebook, valid ground for dismissal - MKI Legal

Employment by labour hire company on a job-share scheme A 64-year-old Coal Mine Operator was deployed by a labour hire company at an open cut coal mine in central Queensland. The operator lived in New South Wales and he operated a Haul Truck on two “swings” which meant he worked seven days straight in the...[Read More]

Downsizing and lay-off due to covid-19 must be proved as a genuine case of redundancy - MKI Legal

The question of whether or not employers can mandate that their employees be vaccinated, has been the subject of a number of recent decisions by the Fair Work Commission, and is of increasing relevance as we move through the COVID-19 pandemic. &nbsp; Jennifer Kimber v Sapphire Coast Community Aged Care Ltd Ms Kimber was employed...[Read More]

Mandating vaccination in the workplace - MKI Legal

On 27 March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 came into effect, amending the operation of casual employment under the Fair Work Act 2009 (Cth) (Fair Work Act). &nbsp; Summary of Recent Changes Recent changes to the Fair Work Act have: created a statutory definition of what constitutes...[Read More]

Changes to Casuals under the Fair Work Act 2009 (Cth) – What You Need to Know - MKI Legal

A teacher was employed by a college on 25 January 2013 to teach maths and chemistry and for some time, was also the head of the musical theatre productions for the school as part of his co-curricular work. Parents complained about theatre teacher hugging students On occasion, during theatrical productions, the teacher met and hugged...[Read More]

Teacher warned, allowed to continue teaching, sacked-was the dismissal unfair? - MKI Legal

Teacher was promoted to Lead Educator A teacher was hired in 2006 by a not-for-profit childcare and early learning centre in Brisbane. The childcare company had 671 childcare centres with 17,500 staff across Australia. The teacher held various roles throughout her employment: Director, Group Leader. The position the teacher held before her termination was that...[Read More]

Sacked For Refusing Free Flu Vaccine - Dismissal Upheld - MKI Legal

Casual employment as swim instructor A swimming school, called Swimmers, in Victoria competed with three other swim schools in their area and they were open at the same time as public schools. The school had hired a 19-year-old swimming instructor on a casual basis sometime in 2017. Although permitted to work from that time until...[Read More]

Be Careful What You Post On Facebook – A Swim Instructor’s Unfair Dismissal Claim - MKI Legal

Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties Case background The three employers all owned and operated fast food stores and employed about 30 employees. The employees they hired were classified as adult and junior employees. Those employees were covered by a modern award specifying the...[Read More]

Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties - MKI Legal

Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination Case background The employer was a telecommunications firm that provided telecommunications infrastructure, maintenance and operational support for their customers which were mobile phone service providers. The employees of the telecommunications firm worked closely with the employees of their...[Read More]

Repeated instances of inappropriate, unprofessional conduct and neglect of duties found to be valid reasons for termination - MKI Legal

Secretly recording disciplinary meetings with your manager is a valid cause for dismissal Case background A casual sales assistant was hired and began work on 25 June 2018. Among her duties were assisting customers, making sales, replenishing stock and engaging in customer service. Until January 2019, the employer had no complaints about the performance of...[Read More]

Secretly recording disciplinary meetings with your manager is a valid cause for dismissal - MKI Legal

Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift Case background The employer operated a petrol station and retail store. The employee was a foreign student who was hired as a trainee console operator. He was paid less than $20/hour. His shift was from midnight until 6am. Employee required to perform...[Read More]

Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift - MKI Legal

Refusing a pregnant employee’s return to work – an adverse action prejudicial to employment for which employer meted civil penalty Case background The employer was a gourmet food distributor and it hired a sales executive full-time to visit customers to solicit orders. Her duties included driving for extended periods to visit their customers to solicit...[Read More]

Refusing a pregnant employee’s return to work – an adverse action prejudicial to employment for which employer meted civil penalty - MKI Legal

Coughing in co-employee’s face is a valid reason for dismissal Case background A catering assistant worked part-time at an aged care facility that had 121 elderly residents who were either receiving palliative care or considered in a high-risk state of health. He had been working at the aged care facility since 2013 but because of...[Read More]

Coughing in co-employee’s face is a valid reason for dismissal - MKI Legal

Childcare centre Employment A 70-year old woman was hired as a University-Qualified Early Childhood Teacher. She had a contract from March 2014 until January 2019. She was re-hired for the same position on April 2019 until December 2019 when she resigned. The employer was a childcare centre. In January 2019, her employment ended because enrolment...[Read More]

Pre-school teacher’s resignation upheld as constructive dismissal & wins her old job back after going for unfair dismissal - MKI Legal

Case background A manager had been employed for two years at a horse farm. She began as a Team rider but was quickly promoted to the position of Farm Manager with a gross annual salary of $50,000. On January 31, 2020, the Farm Manager received an email requesting her to sign a new contract. This...[Read More]

Farm Manager Forced to Resign Wins Unfair Dismissal Claim - MKI Legal

A 59-year old national sales and marketing manager had been working for one of the businesses of a family-owned group of businesses since 1991. He worked closely with the two sons of the owner of the businesses who had taken over the business and had a productive working relationship with the sons. The sales manager...[Read More]

It’s my wife or your job: Failing to please the boss’s wife is not a valid ground for dismissal - MKI Legal

Coronavirus or COVID-19, has changed the way in which most of us do work, including working from home and/or implementing social distancing practices within the workplace. The way in which services are delivered have also changed, whether it be an increased demand in online shopping or changing from dining-in to take-away offerings or limitations on...[Read More]

Stand down during COVID-19 Pandemic - MKI Legal

How to deal with your employees if COVID-19 has reduced your income   If your business has been impacted by COVID-19, there are some steps that may assist you to manage your cash flow and keep your business viable moving forward. &nbsp; Does your business qualify for JobKeeper? &nbsp; JobKeeper provides a mechanism to keep...[Read More]

How to deal with your employees if COVID-19 has reduced your income - MKI Legal

A constructive dismissal is a forced resignation. The employee resigned because the employer acted with an intent to end the working relationship.

What Qualifies as a Constructive Dismissal Claim? - MKI Legal

Whether you are an employee, business or contractor Perth Employment Lawyers can provide assistance with all aspects of employment law.

Things an Employment Lawyer Can Do - MKI Legal

Get advice on Discrimination and Coronavirus! Coronavirus has resulted in a number of businesses shutting down their operations & employees work from home.

Discrimination and Coronavirus (COVID-19) - MKI Legal

Want to hire a Employment Lawyer? Here are some tips to help you find your way when choosing an employment law firm. Contact Us @ (08) 9470 2777

Tips to Choosing the Right Employment Law Firm - MKI Legal

Tips on what you should never do when terminating employees. Call us at (08) 9470 2777 for a consultation with our employment lawyers today!

10 Things You Should Never Do When Terminating Employees - MKI Legal

Have you been unfairly dismissed from your workplace? MKI Legal Employment Lawyers are experts who practice exclusively in employment law.

Having issues in the workplace? Hire unfair dismissal lawyers for advice!

If you believe you have been discriminated against in the workplace, you should seek legal advice to determine the nature of any claim and the course of action

What is unlawful discrimination? - MKI Legal

Before making a general protections claim you need to consider if you are eligible to make a general protections claim. Only national system employees can make a general protections claim. 

General Protections Claims – The Basics

Typically, for a claim of unfair dismissal to be successful, the Fair Work Commission will need to be satisfied that an employee was dismissed by their employer

What is the law for unfair dismissal?

Employees are expected to perform the tasks assigned to them to the standards set by the employer. Standards of work performance vary from time to time because businesses modify their operations, procedures and processes to increase their productivity.

Understanding Performance Management And Performance Management Laws In Wa

A dismissal is unreasonable when the employer decided to dismiss an employee after it made an inference based on some facts, but the inference that the employer made was not a reasonable inference that could be made on the facts.

Unfair Dismissal Is Any Dismissal That Is Harsh, Unreasonable Or Unjust

An employee who fails to perform their role or duty satisfactorily should normally be placed on some sort of performance management.Under performance management, the employee is supervised more closely to ensure that the performance of their role meets the employer’s standards.

What Are the Legal Requirements of Performance Management To Prevent An Unfair Dismissal Claim?

An employer is said to have taken adverse action against an employee when they dismiss an employee, injure them in their employment, alter the employee’s position to their detriment or discriminate against the employee.

What Constitutes Adverse Actions & How Can Employees File Adverse Action Claims?

A senior executive had a row with a regional HR manager over a PowerPoint presentation with typographical errors.

Reinstatement is a Primary Right of Dismissed Employees Under Australia’s Dismissal Laws

Two guards worked together, and their main role was to pick-up, transport, and deliver money in an armoured vehicle for the clients of their security firm.

Termination of Employment of Two Guards for Negligence

TransGrid directed its Project Manager to relocate to another worksite in Wallgrove after he had already been reporting to the office at Ultimo since 2014. The employee was a project manager and involved in the management and procurement of design processes and feasibility studies.

Can An Employee Be Forced To Work At A New Location - MKI Legal

However, the Fair Work Commission found that this dishonesty was not known to the food company at the time he was dismissed but was discovered only during the proceedings for unfair dismissal.

Dismissal for failing to pass a National Police Check: A case of Unfair Dismissal in WA? - MKI Legal

Sending an employee email and text messages that contain threats and abuse is not acceptable even if the email and text messages contains a reasonable request to reveal the address of a cash job undertaken by the employee after-hours using the tools and equipment of the employer.

Terminating Employees? Texting Threats Is Not the Way Even if You’re a Small Business Employer - MKI Legal

The Fair Work Commission found the termination was at the initiative of the employer and not a termination because the contract had expired – as Star’s employment contract was not time-limited.

What Are An Employee’s Rights If You’re Dismissed By A Labour-Hire Organisation – Does it Count as a Dismissal? - MKI Legal

What are the rights of an employer when faced with an intentionally false misrepresentation committed by an employee?

Employer Rights if an Employee intentionally lies in a Resume?

Here are the 8 Things You Must Know About Your Rights As An Employee. If you believe you have had your rights infringed, contact MKI Legal for a free confidential discussion.

8 Employee Rights - Things You Must Know | Perth Employment Lawyers

If you have lost your job, it is no doubt a difficult time in your life. The MKI Legal team have advised thousands of employees who have been terminated from their employment. We understand how you feel as many of our clients have felt the same way.

8 Ways Your Dismissal Could Be Unfair - MKI Legal

Have you been treated less favourably at work? Were you treated less favourably regarding compensation, promotion or opportunity for training? Would you like to speak confidentially with an Employment Discrimination Lawyer? Call any of MKI Legal’s Workplace Lawyers in Perth – they can help you and give you advice.

Past Criminal Record Discrimination - MKI Legal

Have you been dismissed from work because you reported your supervisor or manager for wrongdoing? Do you feel that you are a victim of an adverse action by your employer? If you wish to speak with an employment lawyer and clarify your work concerns, the Adverse Action Lawyers from MKI Legal.

Warnings by Adverse Action Lawyers - MKI Legal

Is your situation at work similar? Have you been assigned other duties and given an increase in compensation? Were the duties and compensation abruptly removed from you? Do you wish to clarify your rights and entitlements under Unfair Dismissal Laws? The employment lawyers at MKI Legal can help you. Call us today.

Law On Unfair Dismissal - MKI Legal

Have you been sacked for taking “too much time off from work”? Do you wonder if your termination from employment may be an adverse action by your employer? Would you like to speak with our Adverse Action Lawyers? The employment lawyers at MKI Legal can help clarify your questions. Call us today.

Sacking Employee For Taking Sick Leaves Is Unlawful

Workplace bullying laws define sexual harassment as any unwelcome or unwanted sexual behaviour that offends, humiliates or intimidates another person. If you are experiencing bullying or sexual harassment at work, it would be wise to contact bullying and harassment lawyers in Perth.

Unfair Dismissal after False Accusations | MKI Legal

Employees who experience discrimination due to a disability should consult employment discrimination lawyers. Call us today and speak with any of our workplace discrimination lawyers who are willing and able to help you.

Obese Security Officer Not Discriminated Against

The lawyer had a condition called ankylosing spondylitis which caused inflammation of his spine. Whilst under the care of a medical expert he was on rheumatology and his symptoms were controlled. Please contact our offices if you any need help from a Discrimination Lawyer.

Discriminated at Work Because of a Disability?

Choose an Adverse Action Lawyer who will help you. Tiger Airways Case Study Examines the difference between Unfair Dismissal and General Protections. Speak to one of our adverse action lawyers if you wish to obtain advice to challenge your dismissal.

Choose an Adverse Action Lawyer | MKI Legal

The recent case of Steven Biffin v XL Express Pty Ltd T/A XL Express [2017] FWC 3702 highlighted a number of issues of substance and procedure in validly dismissing an employee. This case shows how unsubstantiated allegations of bullying against an employee can result in the dismissal being deemed unfair.

Lessons from Bullying and Harassment Lawyers

Check our Information About Our Employment Law Services. If you have any queries, please contact our lawyers at MKI Legal, an employment law firm in Perth.

The Conciliation Process at The Fair Work Commission

In Veronica Bennett v Colin Joss & Co Pty Ltd, an employer’s manner of handling the dismissal of an employee was highlighted by the Fair Work Commission, warning against dismissing employees with the same indifference one would have to a “dirty rag”.

How NOT To Dismiss Employees | MKI Legal

One difficult topic that both employers and the courts have had to deal with is employees posting on social media, both during and outside of work hours. If you have any queries, please contact our lawyers at MKI Legal, an employment law firm in Perth.

Employee Dismissed over an Offensive Social Media Post

Check our Racial discrimination Under the Fair Work Act 2009 By Our Discrimination Lawyers. The case shows that for a person to make a general protections claim based on racial discrimination, there must be a significant connection between the person’s race or ethnic origin and the adverse action claimed.

Racial discrimination Under the Fair Work Act 2009

In James LawsonvEnvironet Australia Pty Ltd [2017] FWC 848, Mr Lawsonmade an unfair dismissal claim against his employer, Environet Australia. On 13 September 2016, Mr Lawson’s Operations Manager presented a Safe Work Method Statement for Mr Lawson to sign. Mr Lawson refused and claimed that he was fired as a result.

Don’t Jump The Gun And Wait For Your Termination

Mr Kerle, was a basketball coach and admin officer for Basketballtek. However, after just 9 months of employment, Mr Kerle was dismissed on 17 October 2016. Mr Kerle then claimed that his dismissal was unfair because he was dismissed with immediate effect and for no valid reason.