
Legal Articles
TOPICS
TOPICS

“Disruptive Menace” Terminated, Was Application Made Out Of Time?
BY MKI Team
9 August 2022
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...

Disrespecting HR Manager is misconduct and a valid reason for dismissal
BY MKI Team
2 August 2022
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....

Bus Driver Dismissed, Reinstated After Abuse
BY MKI Team
28 July 2022

Dismissal of Senior Officer – Was Misconduct In Personal Life Valid Grounds for Termination?
BY MKI Team
25 July 2022
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,...

Manager Dismissed, Compliance of Public Health Orders Mandatory
BY MKI Team
20 July 2022
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...

Casino Worker Disciplined for Industrial Activity
BY MKI Team
15 July 2022
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...

Sexually Harassed Employee Told To Keep Quiet, Manager Rehired
BY MKI Team
12 July 2022
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...

Demotion As A Penalty For Misconduct Is Authorised, Found Not Unfair
BY MKI Team
7 July 2022
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...

Casual Employee Entitled to Award of Full-Time Employee
BY MKI Team
4 July 2022
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...

Mine Technician Stood Down Because Of Allegations Of Sexual Harassment
BY MKI Team
28 June 2022
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...

Officer Faced Sexual Harassment After Participating In Safety Program
BY MKI Team
23 June 2022
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....

Barista Dismissed, Insists On Working. Was It Unfair?
BY MKI Team
15 June 2022
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...

Misconduct at a work-related social event is a valid reason for dismissal
BY MKI Team
26 May 2022
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...

Excessive personal texting for a private side business whilst at work a valid ground for dismissal
BY MKI Team
23 May 2022
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. Her property began to...

Sexually harassing conduct weighs against harshness of dismissal
BY MKI Team
19 May 2022
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...

Insubordination caused by disagreeing with employer’s actions is a valid reason for dismissal
BY MKI Team
16 May 2022
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,...

Evidence of mild autism is insufficient to excuse sexually harassing conduct
BY MKI Team
12 May 2022
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...

Dismissal for carrying on a consensual romantic affair with student, unfair and unreasonable
BY MKI Team
9 May 2022
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....

Dismissal for posting Hitler moustache on Facebook, not unfair or unreasonable but harsh
BY MKI Team
5 May 2022
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...

In investigating sexual harassment, employers cannot focus only on the applicant’s feelings to the exclusion of the factual context of the allegations
BY MKI Team
2 May 2022
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...
20/132