ARTICLE · 05 FEBRUARY 2017

Stupidity not necessarily a sackable offence, says Fair Work Commission

Stacks Law Firm

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A recent case demonstrates that it is worth challenging cases of unfair dismissal.

AustraliaEmployment and HR

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We all know not to make jokes about bombs when we go through the airport. Nothing could get you kicked off a flight faster. It's a guaranteed way to find yourself carted off by burly border protection officers.

But a Perth airport baggage handler who was sacked for saying "We all support ISIS" on social media has managed to get $4,800 compensation for lost salary from the Fair Work Commission. (See Mr Nirmal Singh v Aerocare Flight Support Pty Ltd [2016] FWC 6186.)

This case demonstrates that it is worth challenging cases of unfair dismissal. On the surface it does sound ridiculous for anyone to be paid compensation after making a remark of this nature, but the commissioner had a reason for coming to her decision regarding the unfair dismissal.

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