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JH Briefs

20/05/2022

JH Briefs is a blog summarising interesting takeaways from cases decided in the past week.

Mylie Kirsten Woodland -v- One4All Holdings Pty Ltd t/a Espresso Garage Southbank [2022] FWC 1088

https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1088.htm

A recent decision that illustrates the operation of the small business fair dismissal code and the requirement that a small business employer believes, on reasonable grounds, that the employee engaged in serious misconduct justifying immediate dismissal – there need not be a finding of fact that the conduct alleged actually occurred.

David Keith Haywood -v- Coles Supermarkets Australia Pty Ltd [2022] FWC 1087

https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1087.htm

Unilaterally placing an employee on unpaid leave, in the absence of some contractual right or provision in an industrial instrument, amounted to a repudiation of the employment agreement.

Angela Daddona -v- Menarock Aged Care Services (Shepparton) Pty Ltd [2022] FWC 1184

https://asset.fwc.gov.au/documents/decisionssigned/html/2022fwc1184.htm

A good example of circumstances in which summary dismissal is found to be harsh, despite there being conduct that ‘warranted dismissal’ (see in particular [29]).

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