unfair dismissal Archives - MDC Legal

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.

This decision was appealed to the Full Court of the Federal Court of Australia who set aside the earlier Federal Court decision. The Full Court held that the reasons for termination, being a failure to attend independent medical assessment and concerns about return to work did not breach s351(1) of the Fair Work Act 2009. Read More

unfair dismissal

Employee’s Unfair Dismissal Claim Dismissed

Posted by | Articles, unfair dismissal | No Comments

By Miette Xamon, Law Clerk and Nikita Barsby, Senior Associate

Commission Satisfied Employer Acted In Good Faith

The unfair dismissal application of a pharmaceutical store-person who suffered from debilitating depression and PTSD has been dismissed after the Fair Work Commission found that she was unable to perform the inherent duties of her role.

In Jack v Sigma Healthcare [2019] FWC 6364  the Commission acknowledged the lengthy period for which the employer kept the employee’s position open while she was ill/injured, and the procedurally fair process it conducted in terminating her employment. Read More

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

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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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

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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