Topic

Misconduct

7 articles from our Tips & Trends archive.

31 October 2025

No Safeguards, No Excuse: Court Slams Employer for Allowing Sexual Harassment to Go Unchecked

In WorkSafe v Indimax Production Pty Ltd, Melbourne Magistrates Court, 24 September 2025 the Court convicted and fined a video production company for failing to implement safeguards against sexual harassment. The employer was prosecuted under s 21(1) of the Occupational Health and Safety Act 2004 (Vic) for failing to maintain a safe workplace and was fined $40,000, while its Director was personally fined $15,000.

Newsletter

26 September 2025

Record at Your Own Risk: FWC’s Stance on Covert Recordings in the Workplace

There have been many occasions where employees have secretly recorded workplace conversations, meetings, or counselling sessions, believing it necessary to protect their lawful interests regarding the termination of their employment. However, even though it may seem reasonable for employees to record private conversations to protect their interests, safeguard a third party, or gather evidence for legal proceedings, employers should take steps to guard against this type of behaviour.

Dismissal

21 May 2025

Are ‘dodgy’ footy fans making the ‘sickie’ a kick out on the full?

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.

Dismissal

6 February 2025

Employer’s Inaction Escalated Misconduct, but Resignation Ruled Voluntary

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.

Dismissal

8 May 2024

$400,000+ fine and costs to worker who experience sexualised and aggressive behaviour

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.

Dismissal

13 April 2022

Full Bench confirms connection between out of hours conduct and employment

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.

Dismissal

21 March 2022

Can I dismiss an employee for their out of hours conduct?

Yes, but only in limited circumstances.

Tips & Trends

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Misconduct

Articles about Misconduct

No Safeguards, No Excuse: Court Slams Employer for Allowing Sexual Harassment to Go Unchecked

Record at Your Own Risk: FWC’s Stance on Covert Recordings in the Workplace

Are ‘dodgy’ footy fans making the ‘sickie’ a kick out on the full?

Employer’s Inaction Escalated Misconduct, but Resignation Ruled Voluntary

$400,000+ fine and costs to worker who experience sexualised and aggressive behaviour

Full Bench confirms connection between out of hours conduct and employment

Can I dismiss an employee for their out of hours conduct?

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