In a recent unfair dismissal decision, the Fair Work Commission (FWC) has supported an employer’s decision to dismiss an employee for breaching its drug and alcohol policy despite the employer failing to strictly enforce the policy.
In Rushton v Giacci Bro Pty Ltd  FWC 3634, the FWC heard that the employee was employed by Giacci Bro Pty Ltd (the Employer) as a truck driver but, at the time of his dismissal, he had been performing light…Continue
Generally, the way in which an employee conducts themselves out-of-hours does not fall within the realm of what the employer can supervise or control. However, there are times where an employee’s conduct after business hours and away from work can impact the employment relationship.
The Fair Work Commission (FWC) recently made an important out-of-hours conduct ruling in the case Bobrenitsky v Sydney Trains  FWC 3792 where it ordered the reinstatement…
Recently, Workplace Law successfully supported one of our clients in opposing an extension of time.
The Fair Work Act 2009 (Cth) imposes a strict 21-day time limit for employees to file unfair dismissal applications in the Fair Work Commission (FWC). The statutory limit starts from the date the dismissal takes effect.
If an application is lodged outside of the statutory time limit, then the employee must seek an extension of…Continue
In the unfair dismissal jurisdiction, the primary remedy is reinstatement. This means the employer is ordered to return the employee to their employment in the position they held immediately prior to their dismissal or another position on no less favourable terms.
The Fair Work Commission (FWC) will have regard to a number of circumstances when considering whether to reinstate an employee, such as whether there has been a loss of trust and confidence in the…