Case Law - Employment Law Handbook (Page 17)

Case Law

Avoid text-messaging employees about important employment matters

Valid employment terminations do not breach general protections laws

Employment relationship represented as contractor relationship

Misrepresentations during a job interview may give rise to a claim for damages

Dismissed for falsifying a medical certificate

Inappropriate mass email can be a valid reason for dismissal

Seasonal employees don’t qualify for unfair dismissal claims

The Fair Work Commission cannot deal with disputes about discretionary workplace competitions

Right of entry permits must include middle names to be valid

Stop bullying orders may not be made if the employer has already taken steps to reduce the risk

Account of profits order made for misuse of confidential information

High-earning executives can bring unfair dismissal claims if an award covers their substantive duties

Labour hire employers need to act cautiously where a host employer removes a labour hire employee from site

Enforcing international restraints

Directors can seek stop bullying orders when bullying occurs in the boardroom