Archive for: March 2010

A tradesman was dismissed after an onsite altercation with a number of the client’s employees who had entered the building site in an unsafe manner.   It was alleged the tradesman was abusive and used foul language and his employer sacked him for serious and wilful misconduct.  Fair Work Australia found that the tradesman was within his right to reprimand the client’s employees for not respecting the construction sites OH&S rules.  And that there was little evidence of abuse although everyone agreed that foul language was used.  The commissioner ruled that the circumstances and the …

A salesman after his 3 month probation, was given a sales target, which was a key component of his performance management.  Six months later the employee was summoned to the managers office and dismissed on the spot.  We aren’t seeing the numbers and we are going to have to let you go…..(SIC)   Fair Work Australia determined that there was no due process.  This particular employee was not provided with verbal or written warnings nor a reasonable time frame in which to respond.  The commissioner ruled that this was indeed unfair and ordered …

An employee at a paper mill in NSW was dismissed after repeatedly refusing to wear safety glasses while cleaning a piece of machinery during a plant shutdown.  According to the judgement Fair Work Australia determined that the safety breaches were indeed a serious misconduct however the employee’s personal and economic situation is such that the dismissal and the potential impact on the employee his family and their circumstances so adverse the dismissal was seen to be harsh.  The employee was reinstated and a portion of back pay awarded.

As an employer you must …