Case Summaries

Redundancy process refinement required

For genuine operational requirements David Jones redeployed 19 employees and made another 16 employees redundant. As part of the...

Reinstatements are ordered!

In a recent decision of Breline v Sydney Trains FWC 1314, the Fair Work Commission ordered reinstatement of...

Prorata Long Service Leave

The Queensland Industrial Relations Commission (QIRC) recently heard a case regarding an employee’s claim for pro rata long service...

Particular Covid-19 Vaccination Mandates Found to be Unlawful

This follows a case we have referred to in the past, a case in the Fair Work Commission back...

Mandatory Vaccinations

In regard to a very topical issue at present, Mandatory Vaccinations, the Full Bench of the Fair Work Commission...

Sunwater Signs Enforceable Undertaking

Sunwater, Queensland Water Service provider is having to back pay employees more than $2million and has entered into an...

A BIG reminder not to forget your safety obligations

A BIG reminder to not forget your safety obligations.  The death of a worker in 2019 has lead to...

You might say they are casual, but they might not be!

We have previously advised of the WorkPac v Skene FCAFC 131 decision where it was concluded that section...

Is your casual employee actually a casual employee?

In the WorkPac v Skene  case (WorkPac Pty Ltd v Skene FCAFC 131), the employee, employed as a...

Employment Contracts – so simple yet so important

It’s not uncommon for employers to pay an ‘annualised salary’ to employees which is intended to be an all-inclusive...

RM Williams prosecuted and fined $90,000

Australian Icon RM Williams Pty Ltd has been convicted and fined $90,000 as a result of a 2015 injury...

A Beef & Grain farming business near Moree has been fined $90,000 following the death of a worker in 2013

A 69 year old bulldozer operator was fatally injured on 4 June 2013 when he was crushed between a skid...

Casual Service counts towards redundancy pay

Very recently it was found by a full bench of the Fair Work Commission, in the case of AMWU...

Safety termination not harsh

A Queensland forklift driver who broke his employer’s “golden rules” by operating his vehicle while a customer was in...

Bullying or not, whatever way you look at it, it’s costing you

When a bullying complaint is made to the Fair Work Commission they have to consider whether the behaviour has...

Get the right advice from those that know

For the first time the Fair Work Ombudsman has commenced legal action against an accounting firm for it’s alleged...

Best to get advice!

In Cerin v ACI Operations Pty Ltd & Ors FCCA 2762 a HR Manager was held personally liable...

You can rely on past behaviour to justify a dismissal

The Full Bench of the Fair Work Commission has recently revisited the issue of an employer relying on past...

Worker successfully claims compo after slipping in shower

In June 2015, the Queensland Industrial Relations Commission (QIRC) ruled worker Robert Ziebarth’s back injury from a hard fall...

Contributory Negligence – It pays to be proactive

In a recent decision of Kennedy v Queensland Alumina Limited QSC 317, the Supreme Court of Queensland reduced...

Domestic Violence is a business issue

There is increasing recognition that what affects employees affects employers and Domestic Violence is unfortunately one of those things...

First decision provides guidance on who is an ‘officer’

The recent decision of the ACT Industrial Magistrates Court provides some guidance in considering who is an ‘officer’ under...

7-Eleven Stores – Award & Immigration Compliance

I think we are all familiar with 7-Eleven convenience stores and, if not to purchase snacks or supplies at...

Common sense prevailing

In the decision of Drew & State of New South Wales NSWCA 159 handed down in June 2015,...

Do you make reasonable adjustments?

If you don’t, you will after reading this! In the case Huntley v State of NSW, Department of Police...

Easy to sit behind a device and tweet but easy to be sacked over it too!

In May, SBS broadcaster dismissed soccer reporter following his tweets which were considered to be offensive. The broadcasters twitter...

Try managing Mental Health rather than exiting it

In a recent case the Federal Circuit Court ordered an employer pay an ex-employee$5,940.00 plus costs for engaging in...

Zero drug & alcohol tolerance – yes!

A recent case of Sharp & BCS Infrastructure Support Pty Ltd demonstrates that where safety-critical work is involved, and...

Bullied at Work? Maybe!

In the recent case of Sharon Bawker & Others v DP World Melbourne Limited and Others, the full bench...

Sham Contracting

Sham Contracting Sham contracting is essentially misrepresenting an employee as an independent contractor.  You will engage in sham contracting...

Don’t count on the Fair Work Commission to protect your reputation

Don’t count on the Fair Work Commission to protect your reputation – lessons from Hankin v Plumbers Supplies Co-Operative...

Consultation with employees

In a case decided last week, an employer was ordered to pay the union $19,000 for failing to properly...

The end of legal representation in unfair dismissal matters?

We believe it is a bit of a stretch to say that the recent FWC matter of Doyle v...

Positive Performance Reviews

The Fair Work Commission recently reinstated 2 workers dismissed due to their persistent negative, hostile and aggressive behaviour and...

Dismissing injured or ill employees

In a decision which is seen as a win for common sense, the FWC has denied an employee’s unfair...

Can you rely on your IT policy?

A recent decision of the Full Bench of the Fair Work Commission now means that a dismissal based on...