The following employment law cases have been reported:
Termination of employment: dismissal for testing positive for cannabis upheld
A long serving stevedore was lawfully dismissed for serious misconduct after testing positive in a random drug test for high levels of cannabis in breach of the employer’s drug and alcohol policy.
Hancock v DP World Brisbane Pty Ltd (2022) 74 AILR ¶103-537; [2022] FWC 1406, 3 June 2022.
Termination of employment: employee dismissed after husband said she was “never coming back”
An employer took unlawful adverse action against employee when it dismissed her by purporting to accept her resignation following a conversation with her husband who said that she had been bullied and harassed, that they would be taking the matter to “Fair Work” and that she was “never coming back” to work.
United Workers’ Union v Bervar Pty Ltd (2022) 74 AILR ¶103-536; [2022] FedCFamC2G 418, 31 May 2022.
General protections: “haphazard” HR practices during COVID-19
While finding that an employee was dismissed, the Fair Work Commission (FWC) highlighted the chaotic HR practices of Victoria’s Health Department during COVID-19.
Fisk v State of Victoria (Department of Health) (2022) 74 AILR ¶103-535; [2022] FWC 911, 31 May 2022.
Termination of employment: objection to a settlement term not enough to reopen unfair dismissal application
The FWC held that a former employee’s objection to a settlement term preventing her from ever working for the employer again was not enough...
She is 66 and on Original Medicare. Her latest Medicare Summary Notice (MSN) lists a $1,200 knee brace from a supplier she has never heard of. Her knees are fine and no package ever came. Medicare...