A recent case before the Fair Work Commission shows how handling a workplace investigation properly will almost always result in a win for the employer in any subsequent claim for unfair dismissal. The case involved a Coles duty manager who…
Most unfair dismissal cases that result in a formal judgement are won by employers, not workers, according to new figures released by the Fair Work Commission. In fact, less than one percent of all claims result in a formal judgement…
Businesses are being reminded of their obligations when making an employee redundant, so they don't end up in the Fair Work Commission defending a claim of unfair dismissal. The warning comes after a number of recent successful unfair dismissal claims…
BHP's coal business has been ordered to compensate and reinstate a worker who was described as "a dinosaur", after the mining giant sacked him for refusing to train a contractor. Gregory Macklin was even compared to Brooks Hatlen in The Shawshank Redemption,…
Donald Trump made the catchphrase, "You're fired!" famous as host of 'The Apprentice' - but is it really that easy for a boss to get rid of a difficult or misbehaving employee? Well, the answer is almost always, no - because…
A Melbourne-based businessman has admitted that he 'jumped the gun' when he sacked a worker for operating a side business on company time. Ben Lek , chief executive of cabinetry and hardware importer Lek Supply, has been ordered by the…
In a decision which highlights the pitfalls of employers representing themselves in the Fair Work Commission, a business has been ordered to pay a former employee’s legal costs after unsuccessfully attempting to defend an unfair dismissal case. The employer chose…
Too many employers end up in the Fair Work Commission defending unfair dismissal claims, because they don’t handle the termination process properly, according to industrial advocate Miles Heffernan from Employer Advisors. “Even if employers sack a worker for genuine poor…
Employers say that the Fair Work Commission favours workers in unfair dismissal claims, even if there is evidence of performance issues, and warnings are given. The claim follow a recent decision by the Fair Work Commission which ordered a small…
Business groups have criticised last week’s decision by the Fair Work Commission to increase the national minimum wage by 3.5 percent, warning it will cost jobs. The rise is the biggest wage increase in seven years, and will see the…
