A recent case in the Supreme Court of New South Wales found an employee’s employment contract was subject to Jewish law and an implied term of life tenure was found, preventing the employer from dismissing the employee despite going into voluntary administration.
Full Bench orders case be reheard after Transit Officer who sprayed a minor with capsicum spray was reinstated
A recent case in the Western Australian Industrial Relations Commission ordered a matter be reheard after the Full Bench found the initial order to reinstate a Transit Officer who sprayed a 12-year-old boy with capsicum spray may not have been appropriate given his past conduct.
A recent case in the Fair Work Commission found extending a seasonal contract by one day did not mean the employee had been re-employed, and the employer did not dismiss the employee by deciding not to re-employ him.
A recent case in the Supreme Court of Victoria – Court of Appeal has found an employer may not enforce post-employment restraints if they repudiated the contract and the employee accepted this repudiation.
Falsified medical certificate “accidently attached” to sick leave application was a valid reason for dismissal
A recent case in the Fair Work Commission has found an employer may dismiss an employee for allegedly falsifying a medical certificate, especially when this results in a breakdown of trust.
A Full Bench of the Fair Work Commission decided all modern awards should have a casual conversion clause, enabling casual employees to choose to change to full-time or part-time employment so long as they meet certain requirements.
A recent case in the Fair Work Commission found informal performance management was enough to dispute an unfair dismissal claim after the employee was dismissed for poor performance.
The Fair Work Commission has recently refused to make an anti-bullying order despite finding that bullying had occurred, because the employer had already changed the role of the perpetrator to limit contact between the parties.
The Supreme Court of Western Australia has granted an American company an interlocutory injunction, requiring an employee to terminate his employment with a company in Australia based on the employment contract which was governed by the law of Connecticut, USA.
A recent case in the Federal Circuit Court has found an accounting firm liable as an accessory for an employer’s failure to pay its employees Award rates because the firm had actual knowledge of the contraventions and failed to enter Award rates into the payroll system.
The Full Bench of the Fair Work Commission recently found the dismissal of seven employees was not a case of genuine redundancy because the employer failed to explore all redeployment options by not properly considering “job swaps”.
Dismissed employee with psychological condition not victim of adverse action because he failed to be contactable during absence
A recent case in the Federal Circuit Court has found that an employee of the Fair Work Ombudsman who was dismissed and suffering from depression and anxiety was not a victim of adverse action as he was dismissed for failing to communicate with his employer, rather than because he was suffering from a psychological condition.
Managers fined for illegally deducting “administrative fees” and “meal fees” in excess of $100,000 from employees’ wages
A recent case in the Federal Circuit Court of Australia has found that managers may face serious penalties if they deliberately exploit their employees and provide false and misleading records to Fair Work Ombudsman inspectors.
The Fair Work Commission has recently upheld the decision of an employer to terminate an employee who was unable to meet the inherent requirements of her position, but criticised the employer’s HR manager for failing to adequately investigate her bullying claim.
A recent case in the Federal Court has found an employer may deduct annual leave from an employee’s accrued annual leave balance where the employee takes leave on a public holiday and they are covered by an Enterprise Agreement affording them more than four weeks paid annual leave.
Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay
A prospective employer has failed to prevent a prospective employee from advancing a discrimination complaint after the Tribunal found the case was reasonably arguable and the applicant had a reasonable explanation for the delay as he suffered from borderline personality disorder and did not have a sophisticated understanding of the process as he was self-represented.
A recent case in the Industrial Relations Commission of New South Wales has found that employers have the right to allocate and arrange work for employees and require employees to respond to reasonable directions, even if it disrupts longstanding flexible working arrangements.
A chief information officer was awarded $477,400 plus interest after the Victorian Court of Appeal found there existed an oral agreement that specified his entitlements, and his employer failed to uphold this agreement.
The Fair Work Commission found an employee was unfairly dismissed after the employer mistakenly mistook his leaving work due to a panic attack as resignation. However the employee was only awarded two weeks’ pay in compensation as the employment relationship was strained and unlikely to continue for much longer.
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- Uber acted reasonably in deactivating the account of a dangerous driver
- Court found an ‘all-inclusive rate’ of pay may include award entitlements if clearly expressed
- Dismissal of an employee who harassed a colleague outside the workplace upheld
- Worker, found to be a volunteer despite $6,000 payment, unable to pursue unfair dismissal remedy