Adverse Action: Moore v Slondia Nominees Pty Ltd [2012] FMCA 273

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.

Continue Reading

General Employment: Goodstart Early Learning Enterprise Agreement [2012] FWA 2408

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.

Continue Reading

Unfair Dismissal: Somveer Narwal v Aldi Foods Pty Ltd [2012] FWA 2056

Mr Somveer Narwal was employed by Aldi as a Store Manager when he was summarily dismissed for misconduct involving 'dishonesty and theft', after having worked at the company for four years. Narwal subsequently applied for an unfair dismissal remedy pursuant to s394 of Fair Work Act 2009. The crux of the matter was whether Narwal's dismissal was harsh, unjust or unreasonable, according to s385(b) of the Fair Work Act 2009.

Continue Reading

File sharing and copyright infringement in the work place

Recently, much attention has been drawn to the issue of file sharing and copyright infringement. Legislation has been suggested in many places that targets “pirates” who illegally download and share multimedia such as music and films.

This gives rise to the question - Who is legally responsible for what an employee downloads or shares using a work computer, internet connection or other hardware?

Continue Reading

More Articles ...