Background
Fair Work Australia ('FWA') recently
dismissed a claim made by an employee who believed he had been
sacked unfairly as a result of posting an abusive and offensive
comment on his private Facebook page about his employer.
The facts
Damien O'Keefe was employed by a company trading as 'The
Good Guys' for about a period of four years. At the time of his
termination he was employed to repair computer equipment. His pay
package included a commission structure.
On 20 May 2010, the employee (Mr O'Keefe)
noticed that there were outstanding payments that were due to him
that had not yet been paid. Mr O'Keefe said that he had spoken
about his pay issues many times with Ms Taylor (Operations
Manager) and was angry about the errors that had
occurred.
