News

A recent Fair Work Commission (Commission) decision is a timely reminder that suspected employee theft must be clearly proven, particularly the intent to steal, before employers move to summary dismissal. In the case of Sazdanoff v Doc Pty Limited, a long-serving employee successfully challenged her dismissal, with the Commission awarding the near maximum amount of compensation in the unfair dismissal jurisdiction. Key facts The employee was engaged as a Pharmacy Assistant, with a tenure of 14 years, at the time she was accused by her employer, Doc Pty Limited (Company) of taking and consuming confectionery items without payment across several…

The Federal Circuit and Family Court of Australia (FCFCA) has highlighted the ongoing risks for employers when managing incapacity-based terminations, even where medical evidence appears to justify the dismissal. In the case of Palfreyman v Alfred Health, the FCFCA considered whether an otherwise lawful termination, based on the employee’s inability to perform the inherent requirements of her role, was rendered unlawful due to the operation of the general protections provisions in the Fair Work Act 2009 (Cth) (Fair Work Act). Background The employee, a Nurse Practitioner, had previously made a bullying complaint against colleagues and later ceased work due to…

A recent Fair Work Commission (Commission) decision highlights the limits of employer obligations when managing long-term illness and uncertain return-to-work prospects. In the case of Jodie Daunis v Rivercity Ferries Pty Ltd, an employee with significant health issues and 114 days of absence in a 12-month period had her unfair dismissal claim rejected, reinforcing that where medical evidence does not clearly support a safe and timely return to work, dismissal may be justified. Key facts The employee commenced employment with Brisbane’s river ferry network in 2008 and had been employed as a Customer Service Operator from 2019. The employee had…

Adverse action claims tied to work health and safety (WHS) complaints remain a real risk for employers – but a recent Federal Circuit and Family Court decision demonstrates how defensible these claims can be with the right evidence. The case of Shirmohammadi v MMP Industrial Pty Ltd highlights the importance of clearly documenting legitimate performance and conduct issues and being able to prove that dismissal decisions are genuinely unrelated to any workplace rights exercised by an employee (e.g., raising complaints about WHS). Key facts The applicant, Mr Shirmohammadi, was employed as Operations Manager by MMP Industrial Pty Ltd (MMP Industrial),…

Ever wondered what your obligations would be as a business owner, a manager or HR professional if an employee requested to take extended carer’s leave to accompany a family member overseas for medical treatment? Well, in a recent decision, the Fair Work Commission (Commission) clarified that carer’s leave under the National Employment Standards (NES) requires a direct connection between the illness and the employee’s absence – a connection the Commission found was lacking in the case of Harry Singh v Department of Health. Key facts Mr Harry Singh was employed by the Department of Health in Victoria as a public…

The Victorian government has announced plans to introduce legislation that would give employees the legal right to work from home (WFH) for at least two days a week, marking a significant shift in how flexible arrangements are regulated in the state. What is being proposed? Premier Jacinta Allan said the proposed reforms would apply to workers across businesses of all sizes, provided their job can reasonably be performed remotely. The legislation is expected to be introduced to the Parliament of Victoria in July, with the government aiming for the laws to take effect on 1 September 2026. Under the proposal,…

A recent decision from the Queensland Industrial Relations Commission (QIRC) has sent a clear message to employers: ticking the box on sexual harassment training is not enough. It’s not just about having policies in place – it’s about how training and education on those policies is delivered to employees. In the case of Loquias v The Star Entertainment Group and John Dwyer, the QIRC found that the employer was vicariously liable for a manager’s sexual harassment because it’s “quicker and cheaper” online training modules on sexual harassment failed to genuinely engage staff. For employers in the retail and quick service…

A recent unfair dismissal decision by the Fair Work Commission (Commission) held that a single job application sent from a company email during work hours fell short of serious misconduct, highlighting the risk for employers who leap straight to summary dismissal without first considering a proportionate and procedurally fair response. Key facts The Applicant, Mr Joshua Westerberg, was employed as Operations and National Sales Manager at Volando Group Pty Ltd (Volando Tequila), an Australian-based beverage company. Mr Westerberg had commenced employment in mid-2024 and was engaged pursuant to an employment contract which contained a clause that prohibited use of the…

Most employers would assume that racist remarks in the workplace would be a clear-cut case for summary dismissal, and in many instances, they would be right. However, a recent decision of the Fair Work Commission (Commission) makes clear that even the most obvious forms of misconduct will not excuse a failure to follow a procedurally fair process. In the case of Peter Jones v Exclusive Contracting (WA) Pty Ltd [2026] FWC 253, the Commission conceded that the decision to dismiss a worker for making racist remarks in a toolbox meeting was valid, but that a failure to notify the employee…

The Fair Work Commission (Commission) has reinforced that part-time employees are entitled to predictable and stable hours of work, and that employers cannot unilaterally cut days or hours of work, even if the pattern of work is deemed to be “commercially or operationally inconvenient”. Key facts Davmat Investments Pty Ltd (Little Saints Early Learning), sought to reduce the hours of a part-time employee who worked a regular roster from 9:00am to 3:00pm, Monday to Friday. The employee’s contract specified a minimum of 15 hours per week, but she had consistently worked 30 hours per week. When the employee requested a…