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.
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.
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.
Mr Stutsel, a truck driver at Linfox, was dismissed for serious misconduct. His termination came as a result of comments posted on his Facebook profile concerning two of his supervisors, which were racially derogatory and sexual in nature.
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?
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- Restraint of Trade: HRX Holdings Pty Ltd v Pearson  FCA 161
- Unfair Dismissal: Gillies v Downer EDI Ltd  NSWSC 1055
- General Employment: TRA Global Pty Ltd v Kebakoska VSC 480.
- Unfair Dismissal: Khiani v Australian Bureau of Statistics  DCAFC 109