Knowledge is power when it comes to managing claims risk

Unfair dismissal applications are all too common and employers regularly find themselves in hot water when they are on the receiving end of one. Whilst the outcome of every unfair dismissal case tends to turn on its own individual merits, opportunities to learn and refresh one’s knowledge consistently arise – and knowledge is power when it comes to managing claims risk. To assist you in managing your unfair dismissal claims risk, we have set out some important lessons and reminders compiled from a number of recent unfair dismissal decisions made by the Fair Work Commission.

If an employee has “gotten away” with certain conduct in the past, it can be difficult to later justify their dismissal for such conduct.

In West v Holcim (Australia) Pty Ltd [2017] FWC 2346, the applicant employee allowed a casual labour hire worker to operate a cr