Posts: unfair dismissal application

In “Where does it end?” we looked at the decision of the Full Federal Court of Australia in Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45. In that decision, the Full Federal Court refused an application from an employer seeking orders to quash previous decisions and compel the Fair Work Commission from further dealing with unfair dismissal applications lodged by employees who had been made redundant.

Employers have a responsibility to address and manage poor conduct and behaviour which may expose other workers to work health and safety risks in the workplace. Implementation of effective disciplinary processes are vital in curbing such risks that may lead to a poor workplace culture, which may in turn create psychosocial hazards.

There are certain restrictions in Australia on the types of people that may be lawfully employed by an employer. Specifically, a person can only work in Australia if they are an Australian citizen, permanent resident or they have a valid visa with work rights.

In safety-critical workplaces, it is essential that employers not only have in place robust safety standards and policies but also that they regularly enforce them and penalise infractions appropriately.

An employee’s dismissal will not be a case of genuine redundancy if it would have been reasonable in the circumstances for the employee to be redeployed within the employer’s enterprise or one of its associated entities.

Managing disgruntled employees can often be a difficult and drawn out process. It may often also be difficult to see the path forward when an employee who is subject to management action seeks retaliation by lodging grievances or commencing proceedings against their employer.