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 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 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 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.
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- An employer who dismissed a worker injured in a skydiving accident was granted permission to appeal based on an error of fact
- FWC ordered an employee dismissed for posting inappropriate comments on social media be reinstated
- ANZ ordered to pay $110,000 in damages to employee dismissed for alleged serious misconduct