Case Law - Employment Law Handbook (Page 18)

Case Law

Calculating annual rate of earnings to determine unfair dismissal eligibility

The Case Mark Jolley v Moorelex Pty Ltd T/A Lexus of Blackburn (2017) Mark Jolley was employed by Moorelex Pty Ltd trading as Lexus of Blackburn (Moorelex) as its General Manager, until his employment was terminated on 30 December 2016. Mr Jolley commenced unfair dismissal proceedings in the Fair

Obtaining right of entry for a reasonable suspicion of a breach of the WHS Act

The Case CFMEU (NSW Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman (Australia) Pty Ltd t/as the Pacifico Acciona Ferrovial Joint Venture (2017) Acciona Infrastructure Australia and Ferrovial Agroman (Australia) Pty Ltd, trading as the Pacifico Acciona Ferrovial Joint Venture (Pacifico), was involved in an upgrade of

Assessing whether an employee can perform the inherent requirements of a role

The Case Huntley v State of NSW, Department of Police and Justice (Corrective Services NSW) (2015) In 2011, Ms Huntley – a parole officer who had worked for Corrective Services NSW since 2001 – was diagnosed with Crohn’s Disease and a sleep disorder. Following the diagnosis, Ms Huntley’s duties were

Underpayment claims when employees perform work outside their classifications

The Case Ardlie & Others v Qantas Airways Ltd (2016) A group of Qantas employees worked as level 5 customer support officers at Adelaide Airport. The employees had worked in the old airport terminal until 2006 when they began working in the new airport terminal. The employees were regularly asked

Access to external documents referred to in an enterprise agreement

The Case Construction, Forestry, Mining and Energy Union v Sparta Mining Services Pty Ltd (2016) In July 2016, the Fair Work Commission (FWC) approved Sparta Mining Service Pty Ltd’s (SMS) Enterprise Agreement. The Construction, Forestry, Mining and Energy Union (CFMEU) lodged an appeal. It asserted that SMS had not

Employees not yet covered by an enterprise agreement cannot vote to approve it

The Case Shop, Distributive & Allied Employees Association v ALDI Foods Pty Ltd (2016) ALDI Foods Pty Ltd (ALDI) wished to expand its operations by opening stores in South Australia. In May 2015, 17 existing ALDI employees who were already working in New South Wales, Victoria and Queensland accepted offers

Email exchange results in an enforceable contract

The Case Jordan Latham v Manly Warringah Sea Eagles Limited (2016) Jordan Latham played rugby league for Manly Warringah Sea Eagles Limited (Manly). In negotiating his fee for the 2016 season, Manly’s recruitment manager emailed Mr Latham’s manager as follows: “I can ... offer $55,000.” Mr Latham’s

General protection claim nets employee $1.2 million

The Case CFMEU v Hail Creek Coal Pty Ltd (2016) Mr Haylett was employed by Hail Creek Coal Pty Ltd (HCC) as an equipment operator. Mr Haylett suffered a spinal injury at work and was re-trained as a drill rig operator. He worked in this role for 3 years. HCC

Fair Work Ombudsman targeting franchisors

The Case Fair Work Ombudsman v Yogurberry World Square Pty Ltd and Anors (2016) The Fair Work Ombudsman (FWO) sued three corporate respondents in the Yogurberry corporate group: * the employer, Yogurberry World Square Pty Ltd (Yogurberry World), which operated the Yogurberry store in world square; and * as accessories to the

Casual employee found to be entitled to annual leave

The Case Skene v Workpac Pty Ltd (2016) Mr Skene was employed by Workpac Pty Ltd (Workpac) as a dump truck operator in a Queensland coal mine. Mr Skene signed a contract of employment that stated he was employed as a casual or fixed-term contract employee, and his employment could

Employers must provide procedural fairness when dismissing an employee

The Case Merrin Moore v Specialist Diagnostic Services Pty Ltd T/A Dorevitch Pathology (2016) Ms Moore was employed by Specialist Diagnostic Services Pty Ltd T/A Dorevitch Pathology (SDS), as a Collections Co-ordinator. SDS provides drug-testing services to employers. In March 2016, Ms Moore was asked to undergo a

Employers involved in sham contracting can be referred to the ASIC and ATO

The Case Fair Work Ombudsman v Grouped Property Services Pty Ltd (2016) The Fair Work Ombudsman (FWO) prosecuted Grouped Property Services Pty Ltd (GPS), a contract cleaning business, for numerous alleged breaches of the Fair Work Act 2009 (Cth) (FW Act) in respect of workers it engaged as contractors through

Labour hire contracts can be frustrated

The Case Pettifer v MODEC Management Services Pty Ltd (2016) MODEC Management Service Pty Ltd (MODEC) had a contract with BHP Billiton Petroleum (BHP) to provide labour to work on BHP’s Pyrenees Venture. Mr Pettifer was employed as a labour hire employee by MODEC to work on the Pyrenees

Restraints that are too broad cannot be enforced

The Case Just Group Ltd v Peck (2016) In January 2016, Ms Peck commenced work with Just Group Ltd (JGL) as its Chief Financial Officer. Ms Peck’s contract of employment contained a 2-year post employment non-compete restraint. On 2 May 2016, Ms Peck resigned and informed JGL she had

Problems with set-off clauses for award-covered employees

The Case Simone Jade Stewart v Next Residential Pty Ltd (2016) Ms Stewart was employed with Next Residential Pty Ltd (NRPL) as an administrative coordinator. She was paid an annualised salary of $78,000 and her employment was governed by the Clerks – Private Sector Award 2010 (Clerks Award). Ms Stewart’