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News 

26 Sep 2019

The NSW Supreme Court has recently handed down an important decision on the ability of Councils to discipline councillors for misconduct arising from Code of Conduct complaints made against them. The decision of Basten J confirmed the Local Government Act 1993 (NSW) genera...

9 May 2019

Background

The applicant, Mr Graham Smith, claimed he had been unfairly dismissed by the Department of Industry following five allegations of misconduct being sustained against him. This misconduct included a failure to adhere to multiple formal directions requiring him to...

17 Dec 2018

A recent decision of the NSW Industrial Relations Commission has provided additional guidance to employers on the approach to be taken when dealing with misconduct matters occurring out of the workplace, and outside normal work hours. In this case, a correctional officer c...

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...

3 Aug 2017

As a consequence of receiving and storing substantial amounts of inappropriate materials, a long term LHD employee lost her job, despite being able to prove her dismissal was harsh.

3 Aug 2017

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...

28 Jun 2014

Most employers only act to conduct disciplinary meetings with their staff after a prolonged series of incidents or issues give them more than enough evidence of a genuine staff problem. However, while they may have a genuine reason for terminating an employee, many employe...