The NSW Administrative Appeals tribunal full bench has recently awarded a 75 year old bus driver $25,323 in compensation after he was dismissed because of his age. The dismissal occurred after a low speed accident involving the bus driver. Prior to this, in 2007, the bus driver had had his hours reduced because he was “getting old” and he was told “that it was time for him to retire”.
Seven employees who were dismissed by Dairy Farmers for sending, receiving and storing inappropriate emails including pornography have been unsuccessful in their unfair dismissal applications to Fair Work Australia.
Dairy Farmers showed that the dismissed employees had breached several of its policies covering emails and that, following the dismissal of three employees for similar offences in 2006, the employees were trained in key policies including workplace conduct standards for email use.
Adverse action claims under the Fair Work Act 2009 are becoming increasingly popular. Recent authorities have demonstrated that it is important that employers are able to demonstrate the reasons behind any potential adverse action taken against employees and to show that there is not a causal connection between that action and the employee’s workplace right.
General Employment: Misleading and deceptive conduct by employer in not disclosing their true financial position to prospective employee
A recent decision of the Federal Court has highlighted the need for employers to use caution when making representations to prospective employees.
Employer’s positive duty not to mislead or deceive potential employees
In a recent decision before the Federal Court of Australia, the Court considered the significance of representations made by employers, or directors on behalf of employers relative to inducements made to potential employees and consultants, to enter into a contract of service with the employer.
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- Unfair Dismissal: Narong Khammaneechan Pty Ltk ATF Nanakhon trading trust T/T Banana Tree Cafe FWA 7891
- General Employment: Legal update on the implied duty of good faith and confidence
- Social Media: Fitzgerald v Dianna Smith t/a Escape Hair Design  FWA 735
- Bullying: Harley v Aristocrat Technologies Australia Pty Ltd  FWA 62