© 2019 by O'Connell Group


9 May 2019

The Supreme Court of NSW has recently confirmed the right of Councils to use the notice provisions of the Standard Contract of Employment General Managers of Local Councils in NSW to terminate a CEO, and not be bound to otherwise undertake prior action under its disputes r...

9 Apr 2018

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...

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

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.

10 May 2017

Due to the difficult nature of the announcement, the termination letter is not usually an easy one to write. But besides being difficult to phrase, part of the stress of writing a termination letter is the potential to get it wrong, creating extra problems which can end up...

1 Feb 2017

In a decision handed down on 2 September 2016 the IRC Full Bench considered whether poor performance by a State Transit Authority (STA) bus mechanic justified his dismissal. The termination of his employment followed an incident in which a bus serviced by the mechanic lost...

1 Feb 2017

In a delayed decision handed down on 2 November 2016 the IRC considered an incident where Mr Siddique, a security employee at a major hospital, was observed on CCTV to push over and injure a disruptive patient. While his actions were found to justify his termination, Commi...

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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