If an employee loses his driver
licence where driving is a part of his work, he can be fairly dismissed for
misconduct. This much is demonstrated by the decision in Zeiter v Melway Bin Hire and Demolition Pty Ltd [2016] FWC 2823.
Mr Zeiter was stopped by police for
using a mobile phone while driving. During the stop the police notified Mr Zeiter
that his licence had been suspended for a period of three months.
When Mr Zeiter told his employer
about the difficulties with his driver licence the employer effectively
terminated him but...
Monday, 27 June 2016
Thursday, 16 June 2016
Reinstatement is the primary remedy
Under the Fair Work Act 2009 the primary remedy for an
unfair dismissal is reinstatement of the employee to employment.
Yet even where reinstatement is sought, the Fair Work
Commission does not often order it.
One reason seems to be that employers consistently argue
that reinstatement is simply not viable because the trust and confidence
necessary for a continuing employment relationship has been broken.
The decision in Singh
v Metro Trains Melbourne Pty Ltd [2016] FWC 2291 demonstrates the
circumstances in which the Commission...
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