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2 Aug 2018

The Full Bench of the Fair Work Commission has rejected a CFMEU demand for an employer to either continue paying or find alternative work for an employee who had lost his driving licence. Instead, the Full Bench confirmed employees have an obligation to be ready, willing a...

24 Aug 2017

A growing number of matters being dealt with by the Fair Work Commission (FWC) and other tribunals demonstrate that many employers are exposing themselves to great risk of unwanted employee claims by changing the work or contract conditions of employees on or returning fro...

24 Aug 2017

As specialists in employment law, O’Connell Group keeps a close eye on decisions from the Fair Work Commission (FWC) and other tribunals needing to review the termination of staff by their employers. While dismissing staff who have misbehaved or otherwise caused problems m...

24 Aug 2017

In a decision handed down on 18 July 2017, the Fair Work Commission ordered the reinstatement of a health care employee who had been dismissed for serious misconduct involving neglect of an aged resident under her care. A key element for the decision of the FWC was the emp...

6 Mar 2017

Notwithstanding finding a shop manager had engaged in misconduct by failing to account for cash sales and providing friends with his ‘family discount’, the Fair Work Commission has awarded him compensation due to procedural deficiencies in the employer’s dismissal process.

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22 Nov 2016

In a further confirmation that social postings can lead to termination of employment, the Fair Work Commission has rejected an employee’s claim that comments he made out of hours should not be deemed misconduct. In refusing to overturn BHP’s decision to terminate one of it...

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