Posts: Fair Work Commission

E-updates, blog articles, events, press articles and success stories about

Fair Work Commission

Managing employee conduct and behaviour in the workplace

Draw the line

Managing employee conduct and behaviour can be a challenge. The question of what is appropriate and what is not appropriate in the workplace will depend on a variety of factors, including the industry in which the employees work, the overall culture of the workplace and community standards at any given time.

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Salary reduction brought employee under high income threshold

Below not above

The COVID-19 (coronavirus) pandemic has significantly impacted the financial stability of many businesses. Employers have had to make difficult decisions and implement different measures to ensure the ongoing viability of their businesses. Some of these measures have included asking employees to agree to temporary reductions in their hours of work or to a reduction in their remuneration.

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FWC upholds safety-related dismissal of employee given multiple chances

Patience, you must have

The Fair Work Commission’s recent decision in Hafsteins v Correct Installs Pty Ltd [2020] FWC 2729 has showcased a “patient” employer’s handling of an employee’s numerous workplace health and safety breaches.

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FWC upholds dismissal of employee who borrowed money from bus passenger

Bus money

Out of hours conduct and its impact on the employment relationship is always a hotly debated topic – particularly between employers and their employees.

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FWC upholds dismissal of employee who stored marijuana equipment in the workplace

Taking the high ground

In deciding whether to take disciplinary action against an employee, it is important for employers to ensure that the employee is given a reasonable opportunity to provide a response or explanation before a final decision is made, particularly when it concerns matters that could result in summary dismissal.

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The FWC, COVID-19 and variations to redundancy pay

Vexed variation

The Fair Work Commission (FWC) has a vital role to play in the management of the current COVID-19 pandemic as it continues to impact employment relationships across the country.

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COVID-19 and modern award variations

COVID-19 and modern award variations

In response to the impacts of the COVID-19 pandemic on businesses and employment across Australia, the Fair Work Commission (FWC) has already introduced (and proposes to further introduce) a range of temporary variations to modern awards to provide increased flexibility for employers and employees during this challenging time.

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Employer’s disciplinary process didn’t force resignation

I'll go first

The commencement of a disciplinary process against an employee is not an insignificant matter. It serves to notify an employee that their employer has serious concerns about their employment; whether that is the standard of the employee’s performance, their conduct or their behaviour.

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Consequences of providing false and misleading evidence

The truth will set you free

When dealing with litigated matters, we cannot stress enough the importance of having evidence and witnesses that are credible and reliable to support a party’s position in the proceedings.

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Employee loses redundancy pay after refusing other acceptable employment

Who's the boss?

The FWC has reduced an employee’s entitlement to redundancy pay to nil after an employer successfully argued that it obtained ‘other acceptable employment’ for the employee, which the employee had refused.

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