To successfully defend an unfair dismissal claim, an employer must be able to satisfy the Fair Work Commission (FWC) that the dismissal was not harsh, unjust or unreasonable.
Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.
In a recent Fair Work Commission decision (Eather v Whitehaven Coal, Deputy President Sams, 1 January 2018), the FWC had no sympathy for an employee whose employment was terminated when he recorded 18mcg of cannabinoids, compared to the Australian Standard of 15mcg as the maximum allowable.
In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.
The tension between traditional employment law frameworks and the gig economy has come to the fore once again after the Fair Work Commission holds that an Uber driver is not an employee.
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