David Jones unfairly dismisses worker during redundancy process

FWC rules that David Jones unfairly dismissed a worker who’s role was made redundant because they did not redeploy her to its flagship Elizabeth Street store. The other three Applicants who also made claims for unfair dismissal were unsuccessful as it was found to not have been reasonable to redeploy them to other roles or […]
Registered Club unsuccessfully appeals Unfair Dismissal

Registered Club unsuccessful in its appeal of an Unfair Dismissal at the Fair Work Commission (FWC). The FWC Full Bench has found that Deputy President Wright made no appealable error in concluding that a casual club manager unintentionally consumed a drink without paying prior to a staff meeting and did not therefore engage in theft […]
Unfair Dismissal finding for RSL Club

Registered Club found to have unfairly dismissed a casual manager for ‘unintentionally’ consuming a drink without payment at a staff meeting. FWC criticises the Employer and its representatives for characterising the conduct as criminal. This case shows the importance of proving intent with serious misconduct cases and the risks of implying or accusing someone of […]
Terminations within probation/qualifying period can constitute adverse action

Terminating someone’s employment within the first six months (or 12 months for small businesses) may now be risky business if it is done solely to avoid the employee having access to the Unfair Dismissal provisions of the Fair Work Act 2009 (Cth). The recent decision of Daboussy v Australian Federation of Islamic Councils [2024] FCA […]
Virgin’s dismissal of flight attendant for glass of procecco found to be unfair.

Virgin’s dismissal of flight attendant for consuming one glass of Prosecco at work Christmas Party found to be unfair. The Fair Work Commission consequently ordered that the flight attendant is to be reinstated. Virgin relied on a strict ‘zero tolerance’ approach to breaches of their Drug & Alcohol policy which stipulates that ‘cabin crew shall […]
Woolies Enterprise Agreement to introduce 4-day working week

Woolworths’ new Enterprise Agreement permits full-time employees to work their 38 hours over four days with three of those shifts from Mon-Fri and at least one weekend shift. A good example of workplace flexibility, providing employees with additional days off but ensuring weekend services are maintained. See below for the full article from the Australian […]
Employee entitled to Annual Leave Loading and Weekend Penalty Rates

Annual leave loading is designed to compensate employees for the loss of penalty rates and overtime etc whilst they are on annual leave. A recent Fair Work decision has however found that an employee was entitled to both weekend penalty rates and annual leave loading whilst on annual leave due to the wording of the […]
Leagues Club Barman unfairly dismissed

Leagues Club Barman found to have been unfairly dismissed due to procedural flaws in the dismissal process. FWC Deputy President Grayson found that the Club did not provide sufficient particulars to the employee for him to adequately respond to in terms of his alleged misconduct nor was he told that his employment was at risk. […]
The end of post employment restraints?

Could this be the end of post-employment restraints? Interesting comments from Dr Ross, the former President of the Fair Work Commission and retired Federal Court Judge, who is in favour of limiting their use. A government issues paper on post employment restraints is expected to be released this month. See the below link for the full […]