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ARTICLE · 28 AUGUST 2018

Unfair Dismissal Update - August 2018

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Recent unfair dismissal decisions of the FWC provide lessons and reminders to employers.

AustraliaEmployment and HR
Stephen Trew
Stephen Trew
Ashleigh Mills
Ashleigh Mills
Natasha Jones
Natasha Jones
Georgie Richardson
Georgie Richardson
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Recent unfair dismissal decisions of the Fair Work Commission (Commission) provide a number of lessons and reminders to employers:

  • a number of dismissals were found to be unfair not because there was an absence of a valid reason for dismissal, but rather because of procedural and other matters under section 387 of the Fair Work Act 2009 (Cth) (FW Act)
  • out of hours conduct continues to be recognised as a valid reason for a dismissal, including in circumstances where employers operate in safety-critical industries
  • where mutual agreement is reached in relation to the termination of employment, employers should always carefully consider the scope and content of any 'release' sought from an employee, in order to avoid unexpected claims.

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