

Permanent demotion for poor performance deemed excessive
In a decision handed down on 26 September 2017, the Industrial Relations Commission imposed a cap on the period of demotion for a...


Transport Field Officer granted working with children clearance despite past conviction
In a decision handed down on 27 September 2017, the NSW Civil and Administrative Tribunal declared a 'disqualified' employee should be...


Tribunal orders local council to provide CCTV footage to member of the public
In a decision handed down on 29 September 2017, the NSW Civil and Administrative Tribunal set aside Wollondilly Shire Council’s decision...


Think twice, and then again, if making staff on maternity leave redundant or changing conditions
A growing number of matters being dealt with by the Fair Work Commission (FWC) and other tribunals demonstrate that many employers are...


Top 3 tips for dismissing problem staff in a fair way
As specialists in employment law, O’Connell Group keeps a close eye on decisions from the Fair Work Commission (FWC) and other tribunals...


Covert surveillance of misconduct leads to reinstatement of employee
In a decision handed down on 18 July 2017, the Fair Work Commission ordered the reinstatement of a health care employee who had been...


Clean work history not enough to save job of pornography accessing employee
As a consequence of receiving and storing substantial amounts of inappropriate materials, a long term LHD employee lost her job, despite bei


Refusal to limit hours of secondary employment leads to termination
The IRC confirmed the importance of employees working in a cooperative manner with their employers to manage workplace fatigue issues, parti


WHS investigation into misconduct matters insufficient to justify dismissal
In a decision handed down on 27 July 2017, the Industrial Relations Commission ordered the reinstatement of a Council Ranger who had been...


Threatening and intimidating behaviour – Grounds for dismissal?
There are a number of obligations on employers to provide a safe workplace free from behaviour that is classified as violent, threatening...