JH Briefs


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

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

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

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]).