Consistency is key in dismissing inappropriate employee

A NSW public servant has been reinstated following an incident at a work Christmas party where he inappropriately touched five female colleagues. The Industrial Relations Commission (IRC) found that the penalty of dismissal meted out to the Applicant was harsh when assessed against the penalty meted out to a more senior male colleague who had also engaged in misconduct of a similar nature. The issue Mr McCaskill was employed by the Department of Attorney General and Justice as a full-time Project Officer (Policy & Client Services). He had worked in a number of positions within the department for a period of approximately 20 years. On 13 December 2012, Ms G lodged a complaint with regards to

Bookkeeper books taxi termination

A recent decision of the Fair Work Commission has found a bookkeeper was not unfairly dismissed due to the potential unreasonableness of a small business employer having to provide at least 6 months TAFE training to enable her to be redeployed in a new role. The Issue Ms Kaye Wilson had been employed by Mackay Taxi Holdings Ltd as a Bookkeeper before she was retrenched on 24 April 2013. Ms Wilson’s positio n was made redundant as a result of Mackay Taxi Holdings deciding to create a new higher level bookkeeping position requiring Certificate IV qualifications, which Ms Wilson did not hold. Ms Wilson challenged the proposition that she was unable to perform the new Bookkeeping position. She a

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