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.
Employee awarded over $1.5 million in damages after sustaining psychiatric injuries from sexual assault while at work
The Brisbane Youth Service Inc was ordered to pay over $1.5 million in damages after the Supreme Court of Queensland found it had breached its duty of care, resulting in an employee sustaining psychiatric injuries from sexual assault.
Employee found liable for sex discrimination and sexual harassment in the workplace after touching a colleague and sending sexualised and derogatory email
The Northern Territory Anti-Discrimination Commission has found an employee liable for sex discrimination and sexual harassment in the workplace against a female colleague. The employer who the claim was also brought against was not found vicariously liable for the discrimination and harassment as they took reasonable steps to prevent this.
Unfair Dismissal: Magdalina Kim v Embassy of the People's Democratic Republic of Algeria  FWC 4726
The Embassy of the People’s Democratic Republic of Algeria was order to pay an employee compensation to the amount of $15,506.46, less applicable tax, after the employee’s dismissal was deemed unjust and unreasonable.
Misleading or deceptive conduct and employment contract: Rakic v Johns Lyng Insurance Building Solution (Victoria) Pty Ltd  FCA 430
A woman who worked at an insurance building company was awarded over $300,000 in damages after the Federal Court ruled her employer had engaged in misleading and deceptive conduct during employment negotiations.
A man who worked as a pick-up and delivery driver for Direct Freight (Qld) Pty Ltd T/A Direct Freight Express was awarded $25,468.13 after the Fair Work Commission found his dismissal was unjust, unreasonable and lacked procedural fairness.
The Supreme Court of NSW has ordered that a senior broker who was earning over $400,000 per year and resigned from his employment to take up a lucrative offer from a direct competitor, be restrained for 9 months after a “flagrant breach” of his employment contract.
A man was issued an injunction to prevent him from working in the media industry for a specified period of time after the Supreme Court of New South Wales found his previous employer had a serious case and not granting an injunction may jeopardise their business
The New South Wales Civil and Administrative Tribunal ruled that a female football player was not unlawfully discriminated against after the Tribunal found the alleged discrimination did not constitute a requirement or condition within the meaning of s 49T(1)(b) of the Anti-Discrimination Act 1977 (NSW).
More Articles ...
- Unfair dismissal and employment contract: Baird v Crowe Horwath (Aust) Pty Ltd  FFCA 1379
- Victimisation: Fire Brigade Employees Union of NSW v Fire and Rescue NSW 2016] NSWIRComm 1024
- Partnership dispute: Wang v Rong  NSWSC 1419
- Natural justice and procedural fairness: Sharp v National Rugby League Ltd  NSWSC 730