Topic
20 articles from our Tips & Trends archive.
FWC (click here) found an employee was unfairly dismissed for allegedly refusing mediation at the exact time she was participating in it and has awarded significant compensation.
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A FWC full bench has upheld (MQT Pty Ltd v Chantelle Tamati [2025] FWCFB 265 (20 November 2025)) a $63,500 compensation order for an employee dismissed after refusing a drug and alcohol test following a four-hour lunch at a pub primarily on the basis that the employer failed to strictly follow its own drug and alcohol policy and did not properly explain why the test was required.
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The Federal Circuit and Family Court has ruled (Mullaney v Qube Ports Pty Ltd [2025] FedCFamC2G 1784 (30 October 2025)) that an employer did not breach anti-discrimination laws when it dismissed an employee who could no longer perform the inherent requirements of his role due to degenerative medical conditions.
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FWC recently in Courtney Sewell v dnata Airport Services Pty Limited [2025] FWC 2823 found that serious flaws in dnata’s handling of a sexual harassment complaint—combined with its refusal to adjust rosters – left the employee with no choice but to resign. The employee reported that a male colleague made inappropriate comments about her wearing a hijab and mini skirt to a social event, which made her feel extremely uncomfortable. She followed internal channels to report the incident, but the investigation process quickly began to unravel.
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Yes or at least they are showing that, with appropriate evidence, FWC won’t tolerate them! In Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784 (7 April 2025) the FWC found an employee had wrongfully and dishonestly claimed sick days using an online medical certificate and subsequently a statutory declaration so he could attend the AFL’s Gather Round in Adelaide and in doing so was justifiably summarily dismissed.
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The FWC recently (Mr Adam Rytenskild v Tabcorp Holdings Limited [2024] FWC 3129 (19 November 2024) ruled a CEO’s ‘forced’ resignation as a dismissal, criticising the employer for its calculated and opaque approach, which prioritised supposed corporate governance principles over fair treatment of its employees.
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FWC Nicole-Marree Smith v Bright Life Homes Pty Ltd [2024] FWC 1494 (14 June 2024) has found that an employer’s failure to address inappropriate conduct by a teenage apprentice led to escalating behaviour that threatened an older employee's safety. FWC criticised the employer for inadequate training and poor leadership, which allowed the apprentice’s misconduct to continue unchecked.
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A company director was awarded $238,000 in costs (click here) following the WHS Regulator’s failed attempt to prosecute him for due diligence offences that followed after a male customer died and his wife was severely injured in a zip line accident in Queensland.
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FWC recently put workplaces on notice (John Tamaliunas v Alcoa of Australia Limited [2024] FWC 779) that there was now both a higher legal and community expectation regarding sexual harassment in throwing out an unfair dismissal claim of a worker with nearly 20 years service who groped a female colleague.
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A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and costs totalling $440,000 after employees were subject to sexualised and aggressive behaviour in a community-based residential home program.
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The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an obligation to assess whether employees in a redundancy situation could replace already engaged contractors (not other employees) before making them redundant.
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FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal but unreasonable KPIs will be unfair.
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Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not only WHS claims but also: sexual harassment, sex based harassment, hostile work environment, sex discrimination, victimisation (collectively the Respect@Work obligations), plus bullying, adverse action, unfair dismissal, and privacy claims as well. With the introduction of the new positive duty for the Respect@Work obligations, employers now have multiple proactive and preventative obligations to ensure that Christmas functions are safe for their employees and others who attend (eg clients, customers, food and beverage staff etc).
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A resounding “Yes” according to FWC (Thien Huy Xuan Dang v Coca-Cola Europacific Partners Australia Pty Ltd (U2023/1175)) after the employer was found to have fairly dismissed a worker who regularly and deliberately set their cruise control above the speed limit.
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Yes, but only if the dismissal is not harsh, unjust or unreasonable.
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The procedural steps taken during the termination process are crucial. In a recent FWC decision Mr Simon Ronchi v Johns Lyng Group [2022] FWC 326 (available here) FWC has again emphasised the importance of procedural fairness during the termination process, even where there is a valid reason for dismissal.
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In a recent Fair Work Commission (FWC) decision (Sydney Trains v Andrew Bobrenitsky), a full bench unanimously overturned a previous ruling which found that an employee’s out of hours conduct (drink driving charge) did not constitute a valid reason for termination.
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Yes, but only in limited circumstances.
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In a recent Fair Work Commission (FWC) decision (Steve Petkovski v M J Luff Pty Ltd T/A Border Express [2021] FWC 5936), the FWC found that a termination letter was sent to an employee’s defunct email address did not constitute a reasonable means of communicating the dismissal. Instead, the dismissal was effective 5 days later when the termination letter was received by registered post.
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The short answer is still “no”.
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