Unfair Dismissal Experts

Valid Reasons for Dismissal:

  1. **Poor Behavior and Attitude**: In the case of Kolodka v Virgin Australia Airlines Pty Ltd, an employee was dismissed due to poor behavior and a negative attitude towards colleagues and customers. This was considered a valid reason for termination.

 

  1. **Multiple Conduct Issues**: In Aperio Group (Australia) Pty Ltd v Sulemanovski, an employee with a history of performance and conduct issues was terminated, and this was considered valid due to misconduct.

 

  1. **Safety Concerns**: In IGA Distribution (Vic) Pty Ltd v Nguyen, an employee was dismissed for causing a forklift accident. The seriousness of the conduct and potential safety risks justified the termination.

 

  1. **Social Media Misconduct**: In O’Keefe v Williams Muir’s Pty Ltd, an employee was dismissed for making negative and threatening comments about a colleague on Facebook, which was considered serious misconduct.

 

  1. **Policy Violation**: Selak v Woolworths Limited involved the termination of a store manager for consuming alcohol during lunch break, violating a company policy, which was deemed a valid reason.

 

  1. **Recklessness in Safety**: The case of Gottwald v Downer EDI Rail Pty Ltd saw an employee dismissed for a health and safety breach, where the conduct posed risks to others, justifying the termination.

 

  1. **Improper Use of Work Information**: In Applicant v Australian Federal Police, an employee was dismissed for breaching the employer’s code of conduct by investigating her ex-husband’s financial affairs, which was considered a valid reason.

 

  1. 8. **Fighting/Assault**: In DP World Sydney Ltd v Lambley, an employee was dismissed for assaulting another employee, which was generally deemed a valid reason unless extenuating circumstances existed.

 

  1. **Offensive Email**: In Anderson v Thiess Pty Ltd, an employee was dismissed for sending an offensive email, which was considered a valid reason for termination.

 

  1. **Failure to Follow Lawful and Reasonable Directions**: In Grant v BHP Coal Pty Ltd, an employee’s refusal to attend a medical appointment and participate in a disciplinary investigation resulted in a valid reason for dismissal.

 

 

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