Case Law - Employment Law Handbook (Page 14)

Case Law

Can an employee engaged to work overseas bring a claim in Australia?

The Case Cripps v Talga Resources Ltd (2016) Mr Cripps worked for Talga Resources Ltd (Talga) in Sweden for the entirety of his employment with Talga and was paid in the Swedish currency. Talga was a company registered in Australia. Talga made Mr Cripps’ position redundant. Mr Cripps applied to

Employers must strictly comply with notice of employee representational rights

The Case Aldi Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Shop, distributive and Allied Employees Association & National Union of Workers and Another (2018) The Fair Work Commission (FWC) at first instance refused to approve two proposed enterprise agreements of Aldi Foods Pty Limited

Settlement negotiations backfire for ex-employee

The Case Scicluna v Australia Postal Corporation T/A Australia Post (2018) The Australia Postal Corporation T/A Australia Post (Australia Post) terminated Mr Scicluna’s employment for misconduct. Mr Scicluna lodged an unfair dismissal claim with the Fair Work Commission (FWC). The FWC organised a conciliation conference to assist

Inappropriate out of hours conduct can be a valid reason for dismissal

The Case Luke Colwell v Sydney International Container Terminals Pty Limited (2018) Mr Colwell was an employee of Sydney International Container Terminals Pty Limited (SICT). During a rostered week off, Mr Colwell got very drunk. When he received a sexually explicit video from a friend, he sent the video by

Dismissal of long-term injured employee deemed fair

The Case Kothandan v Transdev Melbourne Pty Ltd T/A Transdev (2018) Mr Kothandan was employed as a bus driver with Transdev Melbourne Pty Ltd (Transdev). In July 2016, Mr Kothandan suffered a workplace injury that resulted in him being unable to drive a bus for a period of time.

Calculating personal use of a work motor vehicle allowance

The Case Monteiro v Valco Group Australia Pty Ltd T/A Valco Group Australia (2018) In November 2017, Valco Group Australia Pty Ltd T/A Valco Group Australia (Valco) terminated Mr Monteiro’s employment. Mr Monteiro lodged an unfair dismissal claim to the Fair Work Commission (FWC). Valco lodged a

Misleading social media posts provide a valid reason for dismissal

The Case Waters v Mt Arthur Coal Pty Limited T/A Mt Arthur Coal Pty Limited (2018) Mt Arthur Coal Pty Ltd (Mt Arthur Coal) decided to operate its mine over Christmas Day and Boxing Day after completing a risk assessment and finding a replacement emergency response team. It advised

Dismissal by Facebook Messenger results in compensation award

The Case Morris v Alphaeus Hair Salon (2018) Alphaeus Hair Salon (the Salon) employed Ms Morris as a hairdresser. On 6 December 2017, the Salon owner and Ms Morris engaged in an exchange on Facebook Messenger. The Salon owner asked Ms Morris if he had an appointment the following morning

Broad interpretation of ‘workplace complaint’ means adverse action was unlawful

The Case Fatouros v Broadreach Services Pty Ltd (2018) Mr Fatouros was a project manager for Broadreach Services Pty Ltd (Broadreach). Mr Fatouros was aware that the CEO had stopped paying one of the main subcontractor’s invoices on a project he was managing. Mr Fatouros was concerned this would

Life tenure guaranteed through employment contract

The Case South Head & District Synagogue (Sydney) (Administrators appointed) (2017) South Head and District Synagogue (Sydney) was failing financially and administrators were appointed. The administrators attempted to make the Chief Rabbi of the synagogue, Rabbi Milecki’s position redundant. The administrators argued that the synagogue was unable to make

OK to object to an employee’s choice of support person

The Case Anson v Western District Health Services (2018) Western District Health Services (WDHS) employed Ms Anson as a nurse. Ms Ansen was alleged to have fallen asleep while on duty. At the time, she was responsible for 10 residents and seven acute care patients. A meeting was arranged with

Avoiding redundancy payments: Not easy and not recommended

The Case United Voice v Berkeley Challenge Pty Limited (2018) Berkeley Challenge Pty Limited (Berkeley) supplied employees to its related entity which had a contract with Lend Lease. The employees undertook cleaning, security and related services at the Sunshine Coast Plaza Shopping Centre. When the Spotless Group purchased Berkeley, another

Inflexibility leaves employer exposed to damages payment

The Case Khutson v Chesson Pty Ltd T/A Pay Per Click (2018) Chesson Pty Ltd trading as Pay Per Click (Chesson) tried to change Ms Khutson’s hours of work from 9am to 5pm with a 30-minute lunch break, to 9am-5.30pm with a 60 minute lunch break. While

Dismissal not unfair: Employee ignores reasonable direction from employer

The Case Mocanu v Kone Elevators Pty Ltd (2018) Kone Elevators Pty Ltd (Kone) received a formal bullying complaint from Mr Mocanu alleging two managers had bullied him. Kone’s HR team attempted to meet with Mr Mocanu to discuss the complaint, however Mr Mocanu said he was unwell and

What are the risks of calculating entitlements incorrectly under multi-hiring arrangements?

The Case Lacson v Australian Postal Corporation (2018) Mr Lacson held two part-time positions with Australia Post. In the morning between 6am and 9am he was employed part-time as a Postal Delivery Officer, and between 3pm and 7:30pm he was employed as a part-time Postal Sorting Officer. Mr Lacson