A recent case in the Federal Court has found the CFMEU liable for the actions of a union official who acted in an improper manner and was found to have engaged in adverse action and coercion against non-union members.
A recent case in the Fair Work Commission has found 31 days over 10 weeks of an unpaid work arrangement did not constitute employment and thus the employee was not employed long enough to qualify for unfair dismissal protection.
A recent case in the Fair Work Commission has found an employer unfairly dismissed one of their employees, despite the employee breaching safety procedures.
The Fair Work Commission has found an employee who referred to his manager as a “racist bitch” in the workplace and in hearing distance of others was unfairly dismissed.
A recent case in the Industrial Relations Commission of New South Wales has ordered a Correctional Officer be reinstated despite misconduct resulting in an “E1 Maximum Security (Escapee)” inmate escaping.
A recent case in the Fair Work Commission has found an employer must not “simply go through the motions” when providing an employee the opportunity to respond to the reason for dismissal.
A recent case in the Supreme Court of New South Wales found an employee’s employment contract was subject to Jewish law and an implied term of life tenure was found, preventing the employer from dismissing the employee despite going into voluntary administration.
Full Bench orders case be reheard after Transit Officer who sprayed a minor with capsicum spray was reinstated
A recent case in the Western Australian Industrial Relations Commission ordered a matter be reheard after the Full Bench found the initial order to reinstate a Transit Officer who sprayed a 12-year-old boy with capsicum spray may not have been appropriate given his past conduct.
A recent case in the Fair Work Commission found extending a seasonal contract by one day did not mean the employee had been re-employed, and the employer did not dismiss the employee by deciding not to re-employ him.
A recent case in the Supreme Court of Victoria – Court of Appeal has found an employer may not enforce post-employment restraints if they repudiated the contract and the employee accepted this repudiation.
Falsified medical certificate “accidently attached” to sick leave application was a valid reason for dismissal
A recent case in the Fair Work Commission has found an employer may dismiss an employee for allegedly falsifying a medical certificate, especially when this results in a breakdown of trust.
A Full Bench of the Fair Work Commission decided all modern awards should have a casual conversion clause, enabling casual employees to choose to change to full-time or part-time employment so long as they meet certain requirements.
A recent case in the Fair Work Commission found informal performance management was enough to dispute an unfair dismissal claim after the employee was dismissed for poor performance.
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.
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- Employee sacked for failing to meet inherent requirements despite bullying claim
- Employer allowed to deduct from employee’s annual leave for time taken off work on public holidays
- Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay
- Commission upheld employers decision to end the flexible working arrangements of two fathers