Employment/Work Place Relations

Common Myths of Unfair Dismissal Claims in the Fair Work Commission

Myth Number 1: An employee can pursue an Unfair Dismissal Claim in the Fair Work Commission if they are... Read More

The Great Disappointment that is Enterprise Bargaining

Leading into, and out of, the recent National Jobs and Skills Summit, a lot of discussion revolved around the failing enterprise bargaining... Read More

When is it too late? – Revoking (withdrawing) an offer of employment

In acting for employers, a common enquiry we receive goes something like this:  “ Brooke, I thought I found the perfect candidate for... Read More

BlueScope Steel Port Kembla’s (“BlueScope”) Operational Review 2014-2015

In the face of reduced profitability following the decreased demand for steel in Australian and global markets, BlueScope commenced a detailed... Read More

Removal of Car and iPhone During Gardening Leave Breached Employment Contract

  The Victorian Supreme Court recently found that an employer who took away its National Sales Manager’s car, iPhone and iPad... Read More

Security firm avoids redundancy pay because of “ordinary and customary turnover of labour”

In a recent decision, the Fair Work Commission has decided that a security firm need not pay redundancy pay to an employee dismissed when it lost... Read More

High Court: BHP lawfully dismissed employee who waved “scab” sign at protest

  The High Court decision of Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [1] upheld BHP Coal’s... Read More

High Court Declares No Implied Term of Mutual Trust and Confidence in Australian Employment Contracts

On 10 September 2014, the High Court of Australia in the case of Commonwealth Bank of Australia v Barker [2014] HCA 32, ruled that the... Read More

Fair Work Commission Grants Permission for Employer to be Represented in Bullying Claim

Last week, the Full Bench of the Fair Work Commission (“FWC”) handed down a decision which allowed three Respondents to an... Read More

Increases in High Income and Redundancy Tax-Free Thresholds

High Income Threshold As from 1 July 2014, the high income threshold relating to unfair dismissal claims and the coverage of Modern... Read More

Guiseppina (Josie) Cartisano v Sportsmed SA Hospitals Pty Ltd [2014] FWC 3005

Application for Unfair Dismissal Remedy – Absence from Work – Inherent Requirements of the Position – Valid Reason –... Read More

Facebook and Employees: When a Joke Goes Too Far

In the case of Cameron Little v Credit Corp Group Limited t/as Credit Corp Group [2013] FWC 9642, the Fair Work Commission found that an... Read More

Implied term of mutual trust and confidence deemed a part of Australian employment contracts

In a recent Full Bench majority decision of Commonwealth Bank of Australia v Barker [2013] FCAFC 83, the Federal Court has upheld that the... Read More