On November 7, 2013, the Children First Blacktown Road Children’s Centre in Blacktown, NSW, received a complaint from a parent alleging one of its employees – Donna Eland – had smacked their two-year-old child on the hand.
In response to that complaint, the childcare centre suspended Ms Eland and issued a questionnaire to staff asking whether they had ever seen another staff member “roughly handle” a child. A colleague – Ms Kayla-Marie Kirk – claimed that she had seen Ms Eland treat children roughly. Ms Eland was subsequently dismissed on 13 November.
Licensed aircraft mechanical engineer, Ronaldo Salazar, was employed by John Holland Aviation Services until his employment was terminated in December 2013 .
Throughout the course of 2013, Salazar had been involved in a series of disputes with his employer about his work roster. Those disputes culminated in Mr Slazar forming the view that John Holland was attempting to deliberately cause harm to both him and his family.
What is the unfair dismissal high income threshold?
The unfair dismissal high income threshold is currently set by the Fair Work Commission at $142,000 per annum. Under the Fair Work Act a person whose earnings exceed the high income threshold is not protected from unfair dismissal. If an employee is covered by an award or enterprise agreement the high income threshold does not apply. This is common in mining industries.
Unfair Dismissal applications involving Facebook have become increasingly frequent with the rapid proliferation of social media and networking. In a recent Facebook dismissal case, the tribunal commented that “postings on Facebook and the general use of social networking sites by individuals to display their displeasure with their employer or a co-worker are becoming more common”.