TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant a Personal Lender at bank branch – investigation held following call to anonymous hotline –discrepancies in cash balances identified –number of allegations against applicant included misappropriation of $3,400 cash – investigation report substantiated allegation of misappropriation...
TERMINATION OF EMPLOYMENT – contract for specified term – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed under three successive fixed term contracts – employment ended when last contract expired – whether applicant dismissed – applicant presumed further contract would be offered – no further fixed term contract offered...
TERMINATION OF EMPLOYMENT – misconduct – employer policies– s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant dismissed for alleged breaches of policy –respondent submitted applicant gave his work mobile phone and sim card to his aunt for her use while applicant was at work – further submitted applicant repeatedly used...
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant terminated following breach of respondent’sdrug and alcohol policy – failed to notify respondent he was taking Nurofen Plus –applicant submitted he was targeted – drug test not random in accordance with the policy – lower...
TERMINATION OF EMPLOYMENT – minimum employment period – ss.383, 384, 394 Fair Work Act 2009 – application for unfair dismissal remedy –whether applicant satisfied minimum employment period – applicant was engaged as real estate agent on commission only basis – considered a commission only piece worker under Real Estate Industry Award 2010and not a casual...
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – original decision overturned on appeal [2018] FWCFB 2279] – remitted to Commission to rehear and determine –applicant modified company vehicles without authorisation – misuse of assets –breach of Fleet Management Practice and Code of Conduct –respondent...
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal – applicant employed as an Armoured Vehicle Operator – dismissed after she allegedly engaged in serious breaches of employer’s policy and procedure resulting in $58,710.00 of client money being stolen – alleged breaches included approaching an armoured vehicle when...
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant employed as Restaurant Manager – after refusing request to work at reduced wages or additional hours for the same salary she was advised that ‘due to the financial difficulties and losses of Mecca Bah’ her role...
TERMINATION OF EMPLOYMENT – misconduct – s.394 Fair Work Act 2009 – application for an unfair dismissal remedy – applicant employed as security officer at housing estate – applicant allegedly slept, took excessive breaks and failed to complete patrol during night shift – respondent terminated applicant’s employment – applicant claimed dismissal was unfair and that...
