Case Law
Seasonal employees don’t qualify for unfair dismissal claims
The Fair Work Commission cannot deal with disputes about discretionary workplace competitions
The Case
Hart v Domino’s Pizza Enterprise Ltd t/a Domino’s Pizza (2017)
In 2016, Domino’s Pizza Enterprise Ltd (Domino’s) had a ‘Delivery Driver of the Year’ competition (the Competition), where its best pizza delivery driver could win a prize of $15,000. In 2015, Ms
Right of entry permits must include middle names to be valid
The Case
Ramsay v Menso (2017)
Ms Menso was the sole director of a building company called Z Group Pty Ltd, which was undertaking building work in Queensland. Two Construction, Forestry, Mining and Energy Union (CFMEU) officials attended the Z Group Pty Ltd building site after they received pictures on
Stop bullying orders may not be made if the employer has already taken steps to reduce the risk
The Case
Chris Kandelaars v Murrays Australia Pty Limited; Andrew Cullen (2017)
Mr Kandelaars commenced proceedings in the Fair Work Commission (FWC) against his employer, Murrays Australia Pty Ltd (Murrays) and Andrew Cullen, seeking orders that the bullying he had been subjected to cease.
Mr Kandelaars alleged his manager, Mr
Account of profits order made for misuse of confidential information
The Case
Lifeplan Australia Friendly Society Ltd v Ancient Order of Foresters in Victoria Friendly Society Limited (2017)
Mr Corby and Mr Woff, employees of Lifeplan Australia Friendly Society Ltd (Lifeplan), used confidential information belonging to Lifeplan to create a business plan, which they then successfully implemented for their new
High-earning executives can bring unfair dismissal claims if an award covers their substantive duties
The Case
Mr James Kaufman v Jones Lang LaSalle (Vic) Pty Ltd T/A JLL (2017)
Mr Kaufman was a regional director of a multibillion-dollar real estate business, Jones Lang LaSalle (LaSalle). Mr Kaufman was employed by LaSalle from September 1989 until December 2016, when his position was made redundant.
Labour hire employers need to act cautiously where a host employer removes a labour hire employee from site
The Case
Tasmanian Ports Corporation Pty Ltd v Gee (2017)
Tasmanian Ports (TP) owns and operates a number of ports in Tasmania. It also supplies labour to privately owned ports. From 2009 until the date of dismissal, Mr Gee was assigned to work for a host employer.
In August 2015,
Enforcing international restraints
The Case
Naiad Dynamics US Ink v Vidakovic (2017)
Naiad Dynamics US Ink (Naiad) is a company incorporated in Connecticut, USA. Naiad designs, engineers, manufactures, installs and sells maritime stabilisation, manoeuvre and ride control systems in the global luxury yacht, commercial shipping and military shipping markets.
Until January 2017, Dr
Directors can seek stop bullying orders when bullying occurs in the boardroom
The Case
In Application by Adamson (2017)
Mr Adamson, who was the Chairperson of the Executive Board of the Anangu Pitjantjatjara Yankunytjatjara Inc (APY), made an application for a stop bullying order under s 789FC of the Fair Work Act 2009 (Cth) (FW Act). Mr Adamson claimed he was bullied
Huge penalties awarded to deter sham contracting arrangements
The Case
Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 2) (2017)
Grouped Property Services Pty Ltd (No 2) (GPS) engaged 51 workers in cleaning and clerical roles through a labour hire company called National Contractors Pty Ltd (NC). NC was registered at the GPS business address. GPS
Not all inappropriate social media posts should result in dismissal
The Case
Colby Somogyi v LED Technologies Pty Ltd (2017)
Mr Somogyi was employed by LED Technologies Pty Ltd (LED) for 13 months as a sales representative. Mr Somogyi’s employment was summarily terminated by LED in August 2016 following a Facebook post he made on his Facebook page. The
Bookkeeping business liable for client’s breaches of law
The Case
Fair Work Ombudsman v Blue Impression Pty Ltd & Ors (2017)
Blue Impression operated a Japanese fast food restaurant. Mr Zheng was an employee and he made a complaint to the Fair Work Ombudsman (FWO) alleging he had been underpaid. The FWO investigated and found that Blue Impression
Employees do not have a right to ignore requests to attend medical examinations
The Case
Laviano v Fair Work Ombudsman (2017)
Mr Laviano, who was an employee of the Fair Work Ombudsman (FWO), was not able to attend work between March and December 2014. Mr Laviano alleged he was suffering depression and anxiety, which had been caused by his work environment.
Between June
Employer liability for criminal acts
The Case
Optus Administration Pty Ltd v Glenn Wright by his tutor James Stuart Wright (2017)
Mr Wright and Mr George attended an Optus call centre training session in 2001. During the session, Mr George went into a trance-like state and was observed by Optus employees to be behaving strangely.