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Conduct policies not explained properly so dismissal unfair
A dismissal was deemed unfair after a 20-year employee violated workplace conduct policies he didn’t fully understand. The Fair Work Commission found that simply having policies in place isn’t enough; employers must ensure workers are properly trained on expected conduct, especially when cultural or language barriers exist.
FWC to tackle emotional impact of Enterprise Bargaining
The Fair Work Commission is addressing the emotional challenges faced by bargaining representatives in enterprise bargaining. A recent report highlights the complexities these intermediaries encounter and proposes six key recommendations to enhance their capabilities.
Pilbara Iron loses negligence case – $1.1 million damages payout
Was a mining company vicariously liable for injuries caused by an employee’s breach of his duty of care, and was it entitled to indemnity from a labour hire company’s insurer? Check out the court’s reasoning.
Dismissal unfair because alcohol and fatigue rules weren’t clear, or consistently applied
An airline employee’s dismissal was ruled unfair by the Fair Work Commission after it was found that the airline’s alcohol and fatigue policies were unclear, inconsistently applied, and difficult to access. The employee, who had taken steps to ensure he was fit for work, was reinstated.
Employer loses case over minimum employment period
How do you work out whether a worker’s employment period qualifies them for protection against unfair dismissal? Check out the FWC’s decision where this was the focus of an unfair dismissal claim.
Sacked: stinky excuse for dodging drug test dismissed
The Fair Work Commission has dismissed a claim for unfair dismissal after finding the ‘accident in his trousers’ did not compel the worker to leave work when called for a drug test. Read the FWC’s reasons.
Employers: how to encourage employees to get COVID-19 vaccinated
As an employer, it’s a good idea to encourage employees to get vaccinated for COVID-19, both for the health of your workplace and to help end lockdowns and restrictions. If you’re wondering how to go about this, here are some positive steps you can take.
Annual close down – how much notice is reasonable?
Planning an annual shutdown? The rules around notice periods vary widely across modern awards, and missteps can lead to compliance issues. Read our Q&A to learn the requirements, when voluntary agreements are needed, and how to ensure compliance this holiday season.
Worker loses request to work from home permanently
A bank employee who requested to work from home permanently for fear of contracting COVID has lost her request to permanently work from home, with the Fair Work Commission finding her application "simply unreasonable".
What to include in your business travel policy
Business travel policies can be complex, especially if staff do a lot of overseas travel. Read here about what a policy should contain, what factors it should take into account, and how to manage compliance.