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