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Employer fails to give sufficient reasons for refusing a flexible work request
22 March 2019 | Insurance & Health LawAn employee submitted a dispute after his request for a flexible working arrangement was rejected by his employer. The employer initially justified its refusal with reasons within the prescribed 21 day period, but sought to rely on further reasons during...
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FWC upholds dismissal of glass-throwing employee at work Christmas party
12 December 2018 | Insurance & Health LawThe Fair Work Commission made a significant decision on out-of -hours conduct in finding that ALDI had a valid reason to dismiss an employee for throwing a full glass of beer over the heads of other employees at a work Christmas function. In Issue Was...
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Unfair dismissal claim fails despite flaw in dismissal procedural
11 September 2018 | Insurance & Health LawAn employee was dismissed after providing intentionally false information on his CV regarding the duration of his previous employment. The employee's conduct outweighed the employer's failure to provide a sufficient opportunity to respond to the...
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“A Coal Mine - not a Convent” – termination for verbally abusing fellow employees was harsh, unjust and unreasonable
22 June 2018 | Insurance & Health LawMr Matthew Gosek, an electrical technician, was dismissed by his employer due to an incident that occurred whilst he was under the influence of alcohol when he used inappropriate language towards eight of his co-workers over the phone. Mr Gosek made an...
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Accountant who was aware of facts giving rise to client's underpayment contraventions held to be liable as an accessory
23 March 2018 | Insurance & Health LawThe Federal Circuit Court of Australia imposed a fine on an accountancy firm, Ezy Accounting 123 Pty Ltd, on the basis that it was involved in and accessorially liable for several contraventions of the Fair Work Act 2009 (Cth) by the operator of a...
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The importance of specifying a ‘particular time’ for employment termination to take effect
29 November 2017 | Insurance & Health LawThis case concerned an employee who was given a written notice of dismissal during his probationary period of employment which did not specify the precise date for termination of his employment. Because of the failure by the employer to specify the...
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