Double faulting employee loses job

Gluyas v Australian Western Railroad Pty Ltd [2015] FWC 6161 (11 September 2015) When a self-confessed tennis tragic defied her employer’s refusal for time off to see the Australian Open in January this year, little did she know she was about to go out in straight sets. The employee had organised her attendance at the […]

Agreement’s Provisions Trump ‘Custom and Practice’

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd [2015] FCAFC 123 (28 July 2015) When a company moved to exercise a right enshrined in its enterprise agreement, little did it know it was in for major fight requiring two Fair Work Commission cases and a Federal Court appeal, […]

Employee Free to Sue Despite Ombudsman Action

Tomlinson v Ramsey Food Processing Pty Limited [2015] HCA 28 (12 August 2015) Even though the Fair Work Ombudsman (FWO) had been active in securing an employee’s entitlements, the employee was not a party to the proceedings that did so, so he was free to pursue his employer on other matters, according to the High […]

‘Merely Following Orders’ Doesn’t Cut It

Director of the Fair Work Building Industry Inspectorate v Baulderstone Pty Ltd & Ors (No2) [2015] FCCA 2129 (7 August 2015) When two senior managers in HR followed instructions to alter an employee’s status because he resigned from the union, they were on a path to being fined for taking adverse action in contravention of […]

Full Tote Odds Due on Termination

Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining and Energy Union [2015] FCAFC 100 (23 July 2015) A full court of the Federal Court has ruled employees are entitled to be paid their full rate of pay for any unused annual leave on termination, including such add-ons as bonuses, shift allowances and leave […]

Compensation Overcomes Failure to Dot i’s

Soares v KDR Victoria Pty Ltd [2015] FWC 4472 (3 June 2015) Although an employee was sacked without some of the procedural niceties being observed, the Fair Work Commission has nevertheless rejected his unfair dismissal claim. The employee, a tram driver, was observed by a member of the public using his mobile phone while the […]

Bullying Claim Highlights Change Management Rights

A.B. [2015] FWC 3353 (4 June 2015) When an employee was told to lift her game as part of closer management amid changes needed in the organisation, she did not want to perform the expanded role, so claimed she was being bullied. The Fair Work Commission disagreed and dismissed her case, saying the employer had […]

Employer and Client Snoozing at the Wheel

Antony Mundy v MSS Security Pty Ltd T/A MSS Security [2015] FWC 3226 (18 May 2015) Failing to act promptly when an employee was caught sleeping on the job has brought an employer’s decision to dismiss a security guard undone in the Fair Work Commission (FWC). Adopting the long-held approach that failure to act promptly […]