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A Queensland cleaner fired for allegedly swimming naked at a Christmas party has been awarded a nearly $10,000 unfair dismissal payout. The cleaner claimed he was “too drunk to remember” the incident. Meanwhile, the employer relied on “he-said, she-said” accounts from staff to justify the termination for serious misconduct. The Fair Work Commission ruled that […]

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Dismissed Cleaner Wins $10K Despite Being ‘Too Drunk to Remember’

May 5, 2026 Gary Pinchen

A Queensland cleaner fired for allegedly swimming naked at a Christmas party has been awarded a nearly $10,000 unfair dismissal payout. The cleaner claimed he was “too drunk to remember”…

Pretty Privilege in The Workplace: Do Good Looks Beat Hard Work?

March 30, 2026 Gary Pinchen

Pretty privilege in the workplace is something many people may have witnessed over their careers, or at least heard others talk about. And there’s a rich history of research going…

Anti-White Racism: Growing Workplace Issue or Exaggerated Claim?

March 18, 2026 Gary Pinchen

Is anti-white racism a problem in Australian workplaces? Or is “reverse racism” simply a myth, as some universities and media commentators claim? What is certain is that the topic has…

Be Careful Who You Choose to File Your Unfair Dismissal Claim

February 3, 2026 Gary Pinchen

A Sydney truck driver whose unfair dismissal claim was submitted late by his union has been granted a time extension by the Fair Work Commission. This is a rare occurrence,…

NDAs and workplace sexual harassment: What they are and how they work

November 14, 2025 Gary Pinchen

Non-disclosure agreements (NDAs) have become a standard feature of workplace sexual harassment settlements. A University of Sydney study revealed that 75% of legal professionals had never reached a settlement without…

A Guide to Understanding Summary Dismissal

September 12, 2025 Gary Pinchen

Facing a sudden and immediate dismissal from your job can be a shock. In some cases, it can be known as summary dismissal. This is the case when an employer…

Unfair Dismissal or General Protections Claim: Which Do I Lodge?

August 27, 2025 Gary Pinchen

Getting this wrong is a common mistake that can have significant consequences. Employees who have been dismissed are often under immense pressure, navigating the stress of job loss and financial…

Unlawful and Unfair Dismissal Explained

July 22, 2025 Gary Pinchen

It’s a common for many to find confusion. What separates an unfair dismissal from an unlawful one? The distinction is more than just spelling—it determines your rights and the options…

Pregnancy Discrimination in Australia

June 24, 2025 Gary Pinchen

What is considered pregnancy discrimination? Pregnancy discrimination is when a woman may be treated differently because she is pregnant, or she might become pregnant. Other examples inclue medical complications du…

Personal Association Discrimination

June 24, 2025 Gary Pinchen

What are the laws around personal association discrimination? Australia has several anti-discrimination laws protecting you from discrimination on the basis of your personal association (whether as a relative or otherwise).…

What are workers rights?

April 19, 2023 Gary Pinchen

What are your rights as a worker? We answer all of your questions. The Fair Work Act regulates the employer-employee relationship and stipulates all workers' rights. This legislation contains the National…

Is My Employer Robbing Me of My Entitlements?

April 15, 2023 Gary Pinchen

In almost all cases, when an employee is terminated, an employer must pay out the employee annual leave, long service leave (if applicable) and in lieu of notice if they…

What makes a good Fair Work Commission representative?

April 8, 2023 Gary Pinchen

In the Fair Work Commission, Australia’s national workplace relations system, having a Fair Work Commission representative or any legal representation is an option, but representation can be...

Mandatory COVID-19 Vaccine at Work: Do we trust the Government?

February 17, 2022 Gary Pinchen

We trust the Australian Government with almost everything, except the COVID-19 Vaccine. This is especially resonant now, more than ever before. With what we are seeing in an increase of…

General Protections vs Unfair Dismissal

February 9, 2022 Gary Pinchen

There Are Two Different Applications: Unfair Dismissal and General Protections. We explain the difference between the two along with the criteria that must be met including the high income threshold,…

Swearing in the Workplace

February 4, 2022 Gary Pinchen

We answer the question to 'can you be fired for swearing?' Short answer is Yes and no, as it depends on the circumstances. Swearing and the use of bad language…

Top Reasons Why You Should File An Unfair Dismissal Claim

January 27, 2022 Gary Pinchen

It is worth reading the reasons you should file an unfair dismissal case. You have been dismissed and now you want to know if you should file an unfair dismissal case. Do…

Workplace: Serious Misconduct

January 12, 2022 Gary Pinchen

Employers use the term “serious misconduct” far too often in the workplace. It may have been said to you during a termination, or when your employer threatens your employment. Employers can…

While taking Leave, I was fired

January 12, 2022 Gary Pinchen

There are currently no laws protecting employees from being fired/dismissed during leave Many ask the question, “Can I get fired during the course of leave?” There have been instances where…

Sick Leave and Medical Certificates for Casual Employees

January 10, 2022 Gary Pinchen

Are you a casual employee for a company that wants to know about your sick leave policy? This is a common question asked by many casual workers. It’s a question…

Fighting Dismissal During Probation Period

January 6, 2022 Gary Pinchen

Dismissal from employment is never an easy thing to deal with. But it’s not the end of the world! This guide can help you fight dismissal during your probation period…

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