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...
In a decision handed down on 7 March 2018 concerning a notice to produce, the Industrial Relations Commission ordered an employer to hand over a copy of the complaint made by a patient against the dismissed employee. This was despite claims by the Blue Mountains Local Heal...
In a decision handed down on 23 February 2018, the Industrial Relations Commission refused to grant an interlocutory application for interim reinstatement of a public servant dismissed by his employer despite filing an application claiming threatened dismissal immediately...
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...
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...
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...
The IRC confirmed the importance of employees working in a cooperative manner with their employers to manage workplace fatigue issues, particularly in the context of effectively dealing with prior injuries and secondary employment matters.
In a decision handed down on 27 July 2017, the Industrial Relations Commission ordered the reinstatement of a Council Ranger who had been dismissed for failing to comply with de-escalation of aggressive conflict protocols following an incident involving multiple physical a...
