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).
The Federal Circuit Court found termination without notice can be valid where the employee commits a serious breach of their employment contract.
The Industrial Relations Commission of New South Wales dismissed an application for relief from victimisation after finding the disciplinary action faced by an employee was not due to his political activity but rather a failure to serve the government in a politically neutral manner.
The Supreme Court of New South Wales ruled that partners to a franchise coffee shop were not required to spend the same amount of time working in the business because of the method and terms used to distribute the profits.
The Supreme Court of New South Wales found that procedural fairness and natural justice did not make a suspension invalid because the suspended parties had agreed to rules that excluded these duties.
The Federal Court of Australia set aside an order made by the Federal Circuit Court after finding a recommendation to not continue the employment of a Prison Officer in Training constituted adverse action.
Unfair Dismissal and Legal Professional Privilege: Kirkman v DP World Melbourne Limited  FWC 605
An appeal to gain access to documents was denied after the Fair Work Commission ruled the documents were protected by legal professional privilege and this privilege had not been waived.
More Articles ...
- Unfair dismissal: Alexis King v D.C Lee & L.J Lyons  FWC 1664
- Shared health and safety duty: Boland v Trainee and Apprentice Placement Service Inc  SAIRC 14
- General Protections: Fair Work Ombudsman v AIMG BQ Pty Ltd and Anor  FCCA 1024
- Discrimination, reasonable adjustments and workplace injury: Butterworth v Independence Australia Services (Human Rights)  VCAT 2056 (22 December 2015)