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Although the FWC found the drinking was a valid reason for termination, it also concluded that the dismissal was harsh.

The Vincent Young Employment + Workplace Relations team has updated its Employment + Workplace Relations Guide to reflect the changes for the 2022-2023 financial year.

Recent decision reinforces a number of important messages for both hosts and labour hire companies.

The High Court's decision in Helensburgh Coal Pty Ltd v Bartley & Ors examines whether employers must consider restructuring their workforce arrangements, including labour hire and outsourcing, when assessing redeployment options during redundancies. This landmark ruling clarifies the Fair Work Commission's authority to scrutinize operational decisions and workforce composition when determining if a dismissal constitutes genuine redundancy under the Fair Work Act 2009.

Link to podcast addressing swearing at work, and in particular, whether swearing can be grounds for disciplinary action.

Drug and alcohol testing is invasive, so employers need to exercise caution when carrying out such testing..

Reinstatement is the primary remedy for unfair dismissal, and compensation is only appropriate in certain circumstances.

The driver was an employee, so was entitled to protection from unfair dismissal and other employment entitlements.

Employers should focus on the actual provisions of a policy to make sure it does apply before using it for termination.

Summary of recent employment law decisions including that stood down employees are not entitled to personal leave.

The summary dismissal of an employee whose work was affected by recreational drug taking was not an unfair dismissal.

An employer does not have an unfettered right to sit in judgement over its employees on their behaviour outside of work.

Link to podcast discussing terminating employment in relation to employee capacity or conduct.

Warnings, performance improvement plans and formal meetings only become relevant after the minimum employment period.

Employers seeking to terminate an employee on Workers' Compensation should take note of a recent FWA decision.

The higher threshold means more employees can access the unfair dismissal provisions.

The Fair Work Commission has been reluctant to let employers terminate an employee for their conduct outside work time.