– The employee was dismissed for poor behavior and attitude towards team members, customers, and supervisors. The termination was deemed valid due to the employee’s conduct.
– The employee had a history of performance and conduct issues, including unauthorized absences and non-compliance with company policies. Multiple warnings and counseling sessions were given, justifying the dismissal based on misconduct.
– The employee was terminated for causing a forklift accident. Due to the seriousness of the conduct and safety risks, the dismissal was valid, but it was considered harsh because of false accusations against the employee.
– The employee made negative and threatening comments about a colleague on Facebook, leading to a valid dismissal for serious misconduct.
– The store manager was fired for consuming alcohol during lunch, which was against company policy, justifying the dismissal.
6. **Agnew v Nationwide News PR927597 (AIRC, Rafaelli C, 11 February 2003):**
– Employees were terminated for drinking alcohol during lunch, which breached company policy. The dismissals were found valid but ultimately harsh due to policy changes and inconsistent enforcement.
– The employee engaged in inappropriate behavior in front of colleagues and was dismissed for dishonesty during the investigation, leading to a valid reason for the dismissal.
– Employees accessed pornographic material via work email accounts against company policy, justifying dismissal despite procedural fairness issues.
– The employee was dismissed for theft and lying about it, considered serious misconduct and a valid reason for dismissal.
– The employee was dismissed for refusing to comply with a dress code policy, which was a valid reason for dismissal.
– A manager was dismissed for gambling at a casino, which constituted serious misconduct and a valid reason for dismissal.
– The employee was dismissed for breaching health and safety policy, justifying the dismissal due to safety concerns.
13. **Gottwald v Downer EDI Rail Pty Ltd [2007] AIRC 969 (Richards SDP, 30 November 2007):**
– The employee was dismissed for a health and safety breach, which was a valid reason for dismissal, but procedural issues made the termination ultimately harsh.
14. **Applicant v Australian Federal Police [2012] FWA 1352 (Harrison SDP, 19 April 2012):**
– The employee was dismissed for breaching the employer’s code of conduct by requesting a colleague investigate her ex-husband’s financial affairs, constituting a valid reason for dismissal.
– The employee was dismissed for assaulting another employee, which was considered serious misconduct, justifying the dismissal.
16. **Anderson v Thiess Pty Ltd [2015] FWCFB 478 (Ross J, Hatcher VP, Simpson C, 30 January 2015):**
– The employee was dismissed for sending an offensive email in violation of workplace policies, a valid reason for dismissal, though it was ultimately deemed harsh due to consequences for the employee.
17. **Grant v BHP Coal Pty Ltd [2014] FWCFB 3027 (Richards SDP, Asbury DP, Booth C, 18 June 2014):**
– The employee was dismissed for refusing to attend a medical appointment, a lawful and reasonable directive, justifying the dismissal.
– An ongoing workplace conflict led to the employee’s dismissal, which was considered a valid reason based on conduct.
[nothing on this page is legal advice]
For Unfair Dismissal Representation : www.justrelations.com.au