The Fair Work Commission has recently refused to make an anti-bullying order despite finding that bullying had occurred, because the employer had already changed the role of the perpetrator to limit contact between the parties.
The Supreme Court of Western Australia has granted an American company an interlocutory injunction, requiring an employee to terminate his employment with a company in Australia based on the employment contract which was governed by the law of Connecticut, USA.
A recent case in the Federal Circuit Court has found an accounting firm liable as an accessory for an employer’s failure to pay its employees Award rates because the firm had actual knowledge of the contraventions and failed to enter Award rates into the payroll system.
The Full Bench of the Fair Work Commission recently found the dismissal of seven employees was not a case of genuine redundancy because the employer failed to explore all redeployment options by not properly considering “job swaps”.
Dismissed employee with psychological condition not victim of adverse action because he failed to be contactable during absence
A recent case in the Federal Circuit Court has found that an employee of the Fair Work Ombudsman who was dismissed and suffering from depression and anxiety was not a victim of adverse action as he was dismissed for failing to communicate with his employer, rather than because he was suffering from a psychological condition.
Managers fined for illegally deducting “administrative fees” and “meal fees” in excess of $100,000 from employees’ wages
A recent case in the Federal Circuit Court of Australia has found that managers may face serious penalties if they deliberately exploit their employees and provide false and misleading records to Fair Work Ombudsman inspectors.
The Fair Work Commission has recently upheld the decision of an employer to terminate an employee who was unable to meet the inherent requirements of her position, but criticised the employer’s HR manager for failing to adequately investigate her bullying claim.
A recent case in the Federal Court has found an employer may deduct annual leave from an employee’s accrued annual leave balance where the employee takes leave on a public holiday and they are covered by an Enterprise Agreement affording them more than four weeks paid annual leave.
Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay
A prospective employer has failed to prevent a prospective employee from advancing a discrimination complaint after the Tribunal found the case was reasonably arguable and the applicant had a reasonable explanation for the delay as he suffered from borderline personality disorder and did not have a sophisticated understanding of the process as he was self-represented.
A recent case in the Industrial Relations Commission of New South Wales has found that employers have the right to allocate and arrange work for employees and require employees to respond to reasonable directions, even if it disrupts longstanding flexible working arrangements.
A chief information officer was awarded $477,400 plus interest after the Victorian Court of Appeal found there existed an oral agreement that specified his entitlements, and his employer failed to uphold this agreement.
The Fair Work Commission found an employee was unfairly dismissed after the employer mistakenly mistook his leaving work due to a panic attack as resignation. However the employee was only awarded two weeks’ pay in compensation as the employment relationship was strained and unlikely to continue for much longer.
The District Court of Western Australia rejected a claim of $500,000 in damages from an Uber driver, finding Uber acted reasonably in deactivating the driver’s account after passengers had complained that they felt unsafe, reporting the driver crossed the centre line of the road and almost fell asleep.
The employment contract of a former employee did not prevent her from claiming payments for additional hours worked because the contract failed to clearly express which entitlements were included in her annual salary.
The Fair Work Commission found the conduct of an employee constituted bullying and was a valid reason for dismissal despite occurring outside the workplace, as there was ‘a relevant connection to the employment relationship’.
The Fair Work Commission dismissed an application for an unfair dismissal remedy, finding the “essential character” of the relationship more similarly resembled that of a volunteer rather than an employee.
Company to pay $100,000 in penalties after misclassifying a “vulnerable” employee as an independent contractor
The Federal Circuit Court of Australia ordered a company to pay $100,000 in pecuniary penalties and the sole director to pay $24,000, after a British visa-holder was misclassified as an independent contractor and underpaid over $7,800 in wages.
The Supreme Court of Victoria found an employee who was suspended for failing to honour his agreement to purchase the business was entitled to the equivalent of seven months’ salary, despite breaching his fiduciary duties, because his employer failed to formally terminate his employment.
The Fair Work Commission dismissed the application for permission to appeal against a decision, finding the Commissioner’s decisions were appropriate and there was no error of substance.
An employer was ordered to pay one-week remuneration to a dismissed employee after the Fair Work Commission found the termination was unfair and unreasonable despite serious misconduct due to the erroneous approach taken by the employer.
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