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Bullying and Dishonesty - Valid Reasons for Dismissal
Background In August this year we successfully represented Patrick Port Logistics Pty Ltd in an unfair dismissal claim brought by Phillip Slater (Mr Phillip Slater v Patrick Port Logistics Pty Ltd [2012] FWA 7204). At the time of his dismissal Mr Slater had been employed by the Company as a driver for about 6 years and was the Transport Workers' Union Co-Delegate on site. Mr Slater's employment was dismissed for inappropriate and abusive behaviour towards another employee and dishonesty during the investigation into his conduct. The inappropriate and abusive conduct by Mr Slater included raising his voice, pointing at another employee and swearing at the employee. Mr Slater denied the conduct throughout the Company's investigation into it and before Fair Work Australia, despite there having been 3 witnesses to the conduct. Mr Slater had been warned about similar conduct in the past. Observations and findings In t...
13 December 2012Fair Work Review Amendments Pass Parliament
As a result of the 53 recommendations for the amendment of the Fair Work Act 2009 made earlier this year (see related article here), the Fair Work Amendment Bill 2012 (the Bill) has passed through Parliament.
The amendments mainly concern:
unfair dismissal;
changes to the structure and operation of Fair Work Australia:
superannuation default funds; and
technical amendments and amendments by way of clarification.
The more substantive amendments are summarised in the table below:
Current provision under the Fair Work Act
Amendment under the Bill
Fair Work Australia
Fair Work Australia.
Fair Work Australia will be renamed the Fair Work Commission (
Employee reinstated despite inappropriate use of social media
Introduction As the use of social media becomes more prevalent, some interesting case law is emerging regarding what is or isn’t acceptable behaviour in relation to comments surrounding the workplace. In the following decision, an employee was reinstated despite making inappropriate comments about his managers and his employer on Facebook. Background Mr Stutsel was employed by Linfox Australia Pty Ltd (Linfox) as a truck driver in April 1989. He was also undertook the role of TWU union delegate. Mr Stutsel did not have any record of prior warnings although evidence was submitted by a Linfox manager that he previously counselled Mr Stutsel regarding him making inappropriate comments regarding religion. As part of Linfox's induction training it provided employees with an induction booklet which outlined the Linfox Equal Opportunity and Diversity Policy. Mr Stutsel had participated in the induction training and also had access...
13 December 2012