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.
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.
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 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.
More Articles ...
- 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
- Unfair Dismissal: Gillies v Downer EDI Ltd  NSWSC 1055