Case Law - Employment Law Handbook (Page 18)

Case Law

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

Huge penalties awarded to deter sham contracting arrangements

Not all inappropriate social media posts should result in dismissal

Bookkeeping business liable for client’s breaches of law

Employees do not have a right to ignore requests to attend medical examinations

Employer liability for criminal acts

Employee dishonesty can outweigh long service and a prior unblemished employment record

Dismissal may be appropriate where trust and confidence is broken

Terminating an expired enterprise agreement to assist bargaining

Refusing to employ a job applicant because of a medical condition