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unfair dismissal Archives - MDC Legal

Apprentice unfairly dismissed for refusing to work overtime

Posted by | additional hours, Articles, HR Advice & Support, Terminations, Unfair Dismissals & Adverse Action, unfair dismissal | No Comments

By Renae Harg, Senior Associate and Madeleine Brown, Associate

The Fair Work Commission has ordered an employer to pay eight weeks’ wages to an apprentice after it found that an employee was unfairly dismissed for refusing to work additional hours on a Sunday. This decision is a reminder for employers to carefully consider whether requests to work additional hours are reasonable.

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employee with disability

General Protections: Dismissing an Employee With a Disability

Posted by | HR Advice & Support, unfair dismissal | No Comments

By Renae Harg, Senior Associate and Miette Xamon, Law Clerk

Employer Found to Dismiss Employee Due to Disability

In April 2019, we published an article on the Federal Court decision of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913. The Federal Court found the employee was dismissed due to his disability.

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Contractor arrangements subject to continued scrutiny as Foodora rider found to be an employee

Posted by | Contracts, contractual entitlements, Doing Business in Australia, independent contractor, sub contractor, unfair dismissal | No Comments

By Nikita Barsby, Special Counsel and Gemma Little, Lawyer 

In the recent decision of Joshua Klooger v Foodora Australia Pty Ltd [2018] FWC 6836, the Fair Work Commission held that a Foodora rider who was engaged as an independent contractor was in fact an employee and, therefore, eligible to bring an unfair dismissal claim.

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Employer unfairly dismissed employee due to wrong view on student visa

Posted by | Articles, Terminations, Unfair Dismissals & Adverse Action, unfair dismissal | No Comments

By Mark Cox, Director and Madeleine Brown, Associate 

An employee who was suspended indefinitely without pay after her employer decided that she had breached the conditions of her visa was unfairly dismissed, according to the Fair Work Commission in Devi v Doutta Galla Aged Services Limited [2018] FWC 4142.

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Travel extends the mind but not limitation periods: Wragg v Queensland Scaffolding Pty Ltd [2018] FWC 4986

Posted by | Articles, Terminations, Unfair Dismissals & Adverse Action, unfair dismissal | No Comments

By Nikita Barsby, Special Counsel and Madeleine Brown, Associate

The Fair Work Commission has refused an application for an extension of time to file an unfair dismissal application, following a detailed examination of a travelling employee’s social media activities and text messages which demonstrated that he was not incapacitated by depression and grief following his dismissal.

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