Mr Praveen Samuel lodged an unfair dismissal application with the Fair Work Commission (the Commission). He failed to respond to correspondence from the Commission by the deadline imposed and his application was dismissed. He sought leave to appeal the decision. The appeal was dismissed on the grounds that there would be no public interest in …
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In the recent case of Browne v MySharedServices Pty Ltd [2020] FWC 4445, the Fair Work Commission (Commission) has reasserted the importance of consultation, even during the current COVID-19 pandemic. In this case, Mr Matthew Browne (the Employee) was dismissed without his employer, MySharedServices Pty Ltd (the Employer), undertaking any consultation prior to his termination. …
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We previously wrote about the decision of the Full Bench of the Fair Work Commission in the case of Scott Tracey v BP Refinery (Kwinana) Pty Ltd [2020] FWCFB 820. This case involved a Western Australia BP employee, Mr Tracey, who was dismissed with payment in lieu of notice after sharing a meme video of …
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The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the subject of unfair dismissal proceedings. What we post on social media can easily be viewed by our employers. It often has a direct bearing on our employment when content is …
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As most people are aware, unfair dismissal applications must be lodged within 21 days of termination. In limited circumstances, the Fair Work Commission can allow a further period if it is satisfied there are exceptional circumstances taking into account: the reason for the delay; action taken by the person to the dispute; prejudice to the …
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Unfair contracts legislation has now been in place for two and a half years. Only a Court can determine whether a contract term is unfair and there have now been a number of cases where contract terms have been voided on the basis that they are unfair. These cases include two successful actions by the …
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The Fair Work Commission has ordered the reinstatement of a teacher terminated by her employer, after the teacher gave a child with allergies a chocolate. A student at the Hills Christian Community School was known to suffer from a number of allergies. The teacher provided the student with a chocolate treat. The school maintained that …
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