Case Law - Employment Law Handbook (Page 19)

Case Law

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’

What constitutes a workplace complaint?

The Case McGowan v Direct Mail and Marketing Pty Ltd (2016) On 17 November 2014, Mr McGowan, the Group General Manager of Direct Mail and Marketing Pty Ltd (DMM), was terminated from his employment for poor performance. Mr McGowan filed a general protections claim in the Federal Circuit Court (FCC)

A transfer of business may not arise when incidental materials are used

The Case Zabrdac v Transclean Facilities Pty Ltd (2011) Pursuant to section 311 of the Fair Work Act 2009 (Cth) (FW Act), a transfer of business occurs when all of the following occur: * the employee’s employment with the old employer has terminated; * the employee became employed by the new

What are exceptional circumstances when lodging an unfair dismissal claim outside the time limit?

The Case Hein v Thiess Pty Ltd T/A Thiess (2016) Thiess Pty Ltd (Thiess) dismissed Ms Hein from her employment on 1 August 2016. Ms Hein was notified of the dismissal on that day. Ms Hein sent her application for unfair dismissal to the Fair Work Commission (FWC) by

The importance of properly inducting employees

The Case Farrelly v Seasonair Pty Ltd (2015) Mr Farrelly alleged he had been unfairly dismissed after his employment was summarily terminated for using a corporate credit card to buy two cartons of beer for a Christmas party. The employer, Seasonair Pty Ltd (Seasonair), argued that Mr Farrelly’s employment

Employee unfairly dismissed on working visa receives maximum compensation

The Case Dilsher Singh v Dairy Kosher Catering Pty Ltd T/A Milk n Honey (2016) Dairy Kosher Catering Pty Ltd T/A Milk n Honey (DKC) employed Mr Singh as a chef in a café under a section 457 visa. On 2 March 2016, Mr Ohana, DKC’s owner,

Evidence supporting the requirement to take compassionate leave

The Case Morris v Allied Express Transport Pty Ltd (2016) Ms Morris was employed as the Business Development Manager of Allied Express Transport Pty Ltd (Allied Express). Ms Morris requested a day of compassionate leave due to the death of her grandfather. She then took 3 days’ sick leave. Ms

Terminating a fixed-term contract that has an option to extend

The Case Crawford v Steadmark Pty Ltd (2015) Ms Crawford was employed by Steadmark Pty Ltd as a store manager under a fixed-term 6-month contract that provided for an optional period of extension. Five months into the contract, the managing director, Mr Rosenfeld, told Ms Crawford at a work function

Gardening leave extending the operation of a restraint clause

The Case DP World Sydney Ltd v Guy and Anor (2016) Mr Guy, the general manager of DP World Sydney (DP World), resigned from his employment and was immediately placed on gardening leave for 3 months. Mr Guy thereafter commenced employment with a competitor, Asciano Executive Services Pty Ltd (Asciano)

Duty of care to employees in a workplace investigation

The Case Hayes v State of Queensland (2016) During 2008 and 2009, the Maryborough office of Disability Services Queensland conducted an investigation into allegations of bullying and harassment against four managers. The investigation concluded that none of the allegations could be substantiated. The four managers then commenced proceedings against their

Including casual service periods when calculating redundancy pay

The Case AMWU v Donau (2016) Donau, a Newcastle shipbuilder, had a large number of employees who had been employed on a regular and systematic casual basis. During their employment, these casuals were converted to permanent employment. Donau then made a decision to make some of these positions redundant. The