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.
The Workers Compensation Commission rejected the grounds of appeal of Tudor Capital Australia Pty Ltd after a case where they were found liable for the death of an employee after a cardiac arrest relating to work.
On appeal the Full Bench of the Fair Work Commission have overturned an unfair dismissal decision. At first instance Commission Booth held, amongst other reasons, that the dismissal was unfair due to the employer not genuinely keeping an open mind when putting the allegations of misconduct to the employee. The Full Bench found this was an error of fact and has re-listed the matter to re-determine the matter.
A Court has recently found that a company did not take adverse action by dismissing an employee who threatened to take sick leave after having his annual leave request denied.
A man who worked for the State Transit Authority was denied his appeal against the decision to dismiss him by the Industrial Relations Commission of New South Wales. The decision to uphold his termination was on the basis of the former employee’s lack of candour to his employer and to the Commission as well as his post-employment conduct on Facebook.
Employee subject to 6 month restraint of trade to protect former employer’s confidential information
An employee was restrained from working for a competitor of his former employer for six-months after the Supreme Court of New South Wales found the restraint was not unreasonable to protect the employers ‘legitimate interests in preserving its confidential information’.
Order to stop bullying subject to future listing as applicant may engage in future work with the respondent
The Fair Work Commission allowed future listing of an application for an order to stop bullying after finding the applicant had broadly complied with the Commission’s directions and noting the possibility of future work with the respondent despite a current lack of engagement.
The Fair Work Commission found a man was not unfairly dismissed because he breached his employment contract and was deliberately untruthful during the investigation, resulting in a loss of trust between him and the employer.
An employer who dismissed a worker injured in a skydiving accident was granted permission to appeal based on an error of fact
The Fair Work Commission allowed an application to appeal a decision against Lion Diary and Drinks Milk Limited after they dismissed an injured worker. The Commission believed it was in the public’s interest to grant permission to appeal as the Deputy President may have made an error of fact.
The Fair Work Commission ordered the reinstatement of an employee of Centrelink who was dismissed for misconduct after posting inappropriate comments on social media.
The New South Wales Court of Appeal overturned a 2014 ruling and ordered ANZ to pay $110,000 in damages to an employee who was summarily dismissed after alleged serious misconduct.
Employer liable for psychiatric injury of employee who collapsed at work and exhibited personality changes
The Supreme Court of Victoria found an employer failed to ‘take reasonable care to avoid any foreseeable risk of psychiatric injury’ to an employee, after he collapsed at work, made regular complaints and exhibited noticeable behavioural and personality changes.
The Fair Work Commission found that the dismissal of an ATO employee for not performing his duties was a valid reason for dismissal and was not unfair, unjust or unreasonable.
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- Employee awarded over $1.5 million in damages after sustaining psychiatric injuries from sexual assault while at work
- Employee found liable for sex discrimination and sexual harassment in the workplace after touching a colleague and sending sexualised and derogatory email
- Unfair Dismissal: Magdalina Kim v Embassy of the People's Democratic Republic of Algeria  FWC 4726
- Misleading or deceptive conduct and employment contract: Rakic v Johns Lyng Insurance Building Solution (Victoria) Pty Ltd  FCA 430