Adverse Action/General Protections

Adverse Action/General Protections Archives - MKI Legal

Law Articles

Law Articles Archives - MKI Legal

Termination of Employment

Termination of Employment Archives - MKI Legal

What is Constructive Dismissal? - MKI Legal

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 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 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 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 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 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]