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Workplace Relations Update

Facebook sacking upheld by Fair Work Australia
By Michael Cooper of Gadens Lawyers, Sydney

The growth in the use of social media continues to present difficulties for employers in managing their employees’ social media activities.  This is especially the case when managing reputational damage that may be caused by an employee’s social media activities outside of working hours.  In a well publicised decision, Fair Work Australia has recently upheld an employer’s decision to dismiss a retail worker for his facebook tirade. read more

You want me to work on a public holiday! That’s unreasonable – or is it?

By Stewart Rickevich of Gadens Lawyers, Brisbane and Meryl Remedios of Gadens Lawyers, Sydney

In the first decision of its kind, Fair Work Australia has considered whether an employee’s refusal to work on a public holiday was reasonable in an application for an unfair dismissal remedy.  The case arose when an employee was summarily dismissed after failing to attend work on Christmas Day and Boxing Day as his employer had requested. read more

Defending the use of a drug and alcohol policy

By Zev Costi of Gadens Lawyers, Adelaide

A recent decision of Fair Work Australia has highlighted the importance of employers implementing appropriate drug and alcohol policies and testing regimes.  In finding that an employee was unfairly dismissed for a breach of such a policy, Fair Work Australia has also reiterated the importance of ensuring procedural fairness when dismissing an employee for such a breach.  read more

New Equal Opportunity Act for Victoria

Employers in Victoria are reminded that the new Equal Opportunity Act 2010 (Vic) started to operate from 1 August 2011.  Details of the changes which arose as a result of the Act starting to operate are set out in our previous update. read more