In the recent decision of  Paul Johnson v BHP Billiton Olympic Dam Corporation Pty Ltd  [2017] FWC 4097, Commissioner Hampton found that, although the employee had engaged in misconduct constituting a valid reason for dismissal, the dismissal was nevertheless harsh due to a number of mitigating factors. However, the Commissioner did not consider reinstatement appropriate because the employer had a rational basis for its loss of trust and confidence in the employee given the importance of the need for compliance with safety policy and the maintenance of appropriate discipline in connection with workplace health and safety matters. The employee was instead awarded compensation. The facts The employee was employed by BHPB from 24 May 2001 until his dismissal on 31 March 2017. At the time of his dismissal, the employee was a process specialist, responsible for a team of technicians looking after a flash furnace and other equipment in areas of a smelting facility at an und...

The Queensland Supreme Court last month awarded $1,703,530 in damages against an employer, whose Chief Executive Officer's "unjustified blaming, humiliation, belittling, isolation, undermining and contemptuous disregard" of the plaintiff employee resulted in serious psychiatric injury. The employer was found vicariously liable for the CEO's actions and to have breached its own duty of care. Repeated mistreatment and harassment of employee by CEO Ms Robinson was the District Director of Nursing for the Cape York Health Service and brought her claim against the State of Queensland for negligence and vicarious liability. Ms Robinson complained that, from March 2010 to 17 January 2011, the CEO repeatedly harassed and mistreated her. This conduct included: unjustified, loud and aggressive disciplining and belittling of her in public and in front of other staff on multiple occasions; failing to inform her of allegations against her and failing to provide those alleg...

Recently an employee who was terminated for workplace misconduct as as result of drinking too much alcohol on Anzac Day and was awarded $8229.00 after the Fair Work Commission found that her dismissal was valid but none the less harsh under the circumstances. Avril Chapman was employed by the Tassal Group. Her job  involved scaling, slicing, weighing and packing fish.  She had  been employed since 1 August 2012 and was terminated for workplace misconduct on 1 May 2017. On 25 April 2017, Chapman telephoned Tassal at 4.56 p.m. and left the following message: “Hi Michelle, its Avril one of your most loved pains in the arse. Um its ANZAC day, my birthday, and I admit I have over indulged so I’m taking into account one of the golden rules be fit for work and I’m not going to be fit for work so I won’t be there. But um love ya, catch ya on the flip side.” The next morning the message was heard by a Tassal senior manager, Duane Baker, who was concerned that Ms C...