Employment Workplace Relations

Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Wednesday, 25 February 2015

Solidarity forever? Not quite

  Solidarity forever? Not quite   An inexperienced union official employed for an important project to further the union’s aims was sacked when the union’s leadership discovered that his political opinion was different from theirs. The official contested his dismissal as a breach of his general protections and was awarded $120,000.00 compensation. If you want to know more about the decision in Sayed v Construction, Forestry, Mining and Energy Union [2015] FCA 27 and read my commentary on it email me at gdoran@nevettford.com.au The...

Sunday, 22 February 2015

When is a warning not a warning? When it’s a chat

  When is a warning not a warning? When it’s a chat     A worker was awarded nearly $29,000.00 in compensation from his employer after the Fair Work Commission found his dismissal for serious misconduct to be harsh and unreasonable: Anderson v Thiess Pty Ltd [2014] FWC 6568.   Ronald Anderson, 65, worked for Thiess Pty Ltd in Queensland for over a decade until he was summarily dismissed in June 2013 for forwarding a highly offensive email about Muslim radicals to a group of co-workers using his work email.   Thiess...

Monday, 16 February 2015

Ready, aim...don't fire!

A small business owner has been fined almost $30,000 for unfairly dismissing an employee.   Acupuncture Australia Pty Ltd summarily dismissed a sales assistant for allegedly stealing from the business. The employee had worked for the company for three years when the managing director began to suspect her of theft. The sales assistant was sacked on the spot and reported to the police, despite a lack of proof of any crime.   The managing director was unable to provide any evidence to the Fair Work Commission of theft or fraud...

Tuesday, 10 February 2015

Tweet or Twit: you be the judge

Tweet or Twit: you be the judge   In early 2014 I wrote about the risk to employment from the use of social media out of hours but where critical comments of an employer were made.   A recent decision of the United Kingdom Employment Appeal Tribunal: Game Retail Ltd v Laws [2014] UKEAT 0188_14_0311 demonstrates that use of social media, which an employer judges as inappropriate can lead to the termination of employment...