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No Drug Test After Forklift Crash, But Dope Smoker’s Dismissal Upheld
Was it fair to sack a forklift driver who’d smoked marijuana the night before an incident, though the employer had skipped the post-incident test required by company policy? Read why the FWC supported the employer’s decision.
Employer Had "Valid Reason" For Dismissal But Gave A Different One: Still Ok To Dismiss
An employer still had a valid reason to dismiss an employee even though it wasn’t the reason it gave at the time.
Poor performance, dishonesty and lateness
Are you clear on when summary dismissal amounts to adverse action? Read about an employer who successfully defeated an adverse action claim because it was unaware of a worker’s illness.
Calculating ETP tax withholding rates as part of final pay
When paying employment termination payments, employers need to be mindful of the tax rules.
Ok To Dismiss Drug-affected Employee, But Employer Breached Its Own Testing Policy
This case highlights the importance of consistent application of workplace policies and adherence to procedures.
Do you pay redundancy if a contract is completed early?
If an employee on a fixed-term contract completes the work before the specified end date, are they entitled to redundancy pay?
Summary dismissal: how to comply with the rules
If you are running a small business and believe you need to dismiss an employee on the spot, what rules must you follow to comply with the law? Read more about the steps you should follow.
Mass layoffs challenge HR to sustain morale
The recent pandemic tech boom has come to an end. After a period of rapid growth and extensive hiring, we frequently hear about layoffs, hiring freezes, and revoked job offers.
Employer denies dismissing unrostered worker: FWC disagrees
When a casual worker believed her employer had contravened the general protections by dismissing her after an absence from work, the employer objected. Read why the FWC supported the worker’s claim.
Autistic employee justifiably dismissed for “overstepping boundaries”
The Fair Work Commission upheld the dismissal of an NDIS employee with autism for overstepping professional boundaries. Despite her claims of inadequate training, the ruling highlights the importance of clear conduct guidelines in care roles.