This decision concerned the fate of the employment of an investment banker and one of the world's largest investment banks. It is a decision which illustrates the dangers, particularly for employers, of loose job descriptions and the limited scope of so-called 'entire agreement clauses'. The decision also confirms the difficulty of employers limiting the payment of entitlements by reference to a Deed of Release or attempting to unilaterally alter job descriptions.
The Federal Court of Australia recently handed down a significant decision in relatio to the protections afforded to employees against adverse action by employers. The case is significant because it demonstrates the heavy burden that employers can have managing difficult and cantankerous employees. The principal difficulty is that the burden of demonstrating compliance with the general protections provisions lies on the employer.
Ms Moore filed an underpayment application against her employer. Shortly after she was terminated, with the employer saying it was a result of a ‘slowdown in business’. This case illustrates the court’s willingness to support an employee’s adverse action claim in circumstances where they are singled out for termination of employment, provided there is a link between their dismissal and their exercise of a workplace right.
Mr Misfud was denied redundancy payments owed to him under a collective agreement by his employer, Veolia Transport Sydney, and the issue arose whether they were thus liable to pay a penalty. Mr Misfud also petitioned for indemnity costs, claiming that Veolia's failure to respond to a settlement offer unreasonably furthered his legal costs.
This matter concerned an application pursuant to s185 of the Fair Work Act 2009 to determine whether an enterprise agreement by Goodstart Early Learning Limited was consistent with the National Employment Standards (NES). The issue at hand was whether employers are required to pay leave loading for annual leave upon termination of an employee.
More Articles ...
- Unfair Dismissal: Stutsel v Linfox Australia Pty Ltd  FWA 8444
- Unfair Dismissal: Somveer Narwal v Aldi Foods Pty Ltd  FWA 2056
- File sharing and copyright infringement in the work place
- Restraint of Trade: HRX Holdings Pty Ltd v Pearson  FCA 161