Case Law - Employment Law Handbook (Page 20)

Case Law

All employees must be better off overall to pass the BOOT

The Case Duncan Hart v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Ltd T/A Coles and Bi-Lo; The Australasian Meat Industry Employees Union v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Ltd T/A Coles and Bi Lo (2016) The Coles Store Team Enterprise Agreement 2014–17

Cost orders can be made against unreasonable employees even when they are self-represented

The Case F v GHS Regional Pty Ltd (2016) Mr F was an employee at GHS Regional Pty Ltd (GHS). Mr F’s employment was terminated for failing to follow a directive not to enter the premises after hours and not to remove GHS property without permission. Mr F commenced

Strict compliance with notice of employee representational rights is required

The Case DP World Brisbane Pty Ltd (2016) DP World Brisbane Pty Ltd (DP) applied to the Fair Work Commission (FWC) to have its enterprise agreement approved. As part of the bargaining process, an employer must issue a Notice of Employee Representational Rights (NERR). DP placed the NERR on company

Allowing an employee to mistreat other employees can be costly

The Case Eaton v Tri Care (Country) Pty Ltd (2016) In June 2007, Ms Eaton commenced employment with Tri Care (Country) Pty Ltd (Tri Care), an aged care provider, as an administrative assistant. Ms Eaton initially enjoyed her work and was described as a “bright and bubbly” person. From 2009,

Hefty penalties for director under Fair Work Act accessory liability provisions

The Case Fair Work Ombudsman v Step Ahead Security Services Pty Ltd and Anor (2016) Mr Jennings employed security guards through a company called Step Ahead Security Services Pty Ltd (Step Ahead). The Fair Work Ombudsman (FWO) commenced proceedings on behalf of eight security guards for underpayment of wages and

Death cover insurance payments can count towards the high-income threshold

The Case Crowley v Savannah Nickel Mines Pty Ltd (2016) Mr Crowley commenced unfair dismissal proceedings against his former employer, Savannah Nickel Mines Pty Ltd (SNM). SNM objected to the application, claiming that Mr Crowley was above the high-income threshold and that, as he was not otherwise covered by an

Requirement to work full-time hours is not always discriminatory

The Case Lipman v Commissioner of Police (2015) Ms Lipman was a leading officer with NSW Police. In 2011 Ms Lipman returned to work part-time following her return from maternity leave. In 2013, Ms Lipman applied for and accepted a promotion to sergeant, which was a full-time position, with the

Police charges do not give an automatic right to dismiss

The Case Paul O’Connell v Catholic Education Office, Archdiocese of Sydney (2016) Mr O’Connell was employed as a teacher in an all-girls high school. He was charged with indecently assaulting a 16-year-old girl. The charges meant that Mr O’Connell was not able to work with children as

Bullying claims rejected by the Court

The Case Lal v Australian Administration Services Pty Ltd (2015) Mr Lal commenced proceedings in the NSW District Court, claiming he had sustained a psychological injury as a result of three instances of workplace bullying over a 5-year period by employees of Australian Administration Services Pty Ltd (AAS). These claims

Federal Court makes orders protecting confidential information

The Case BlueScope Steel Limited v S (2016) A software development manager employed by BlueScope Steel Limited (BSSL) for 12 years was advised on 29 June 2015 that her position would be made redundant and her employment would be terminated. Before the employee left the premises, she made a copy

Director’s pay docked for underpaying workers

The Case Fair Work Ombudsman v Sona Peaks Pty Ltd and DA MLG (2016) In 2015, the Fair Work Ombudsman (FWO) issued a compliance notice to Sona Peaks Pty Ltd (Sona) (now in liquidation), which traded as an Indian food restaurant in Victoria, for the payment of $5,037.34

Employer penalised for docking employees’ pay

The Case Fair Work Ombudsman v Lu’s Healthcare Pty Ltd & Anor (2016) Lu’s Healthcare Pty Ltd (Lu) failed to properly pay two massage therapist employees under the applicable Health Professionals and Support Services Award 2010 (the Award). Instead, Lu paid its employees a percentage of the massage

Company and HR manager found liable for failing to provide correct notice payment

The Case Cerin v ACI Operations Pty Ltd & Ors (2015) Mr Cerin, an employee of ACI Operations Pty Ltd (ACI), sustained a workplace injury. After providing Mr Cerin with modified duties for a period of time, ACI terminated his employment when he could not return to his pre-injury position.

Heavy penalties for exploiting workers

The Case Fair Work Ombudsman v Konsulteq Pty Ltd & Ors (2015) Two Indian workers paid upfront ‘training fees’ of more than $2,000 to Mr Gaur, an IT businessman based in Melbourne. The workers were led to believe this would lead to employment with Mr Gaur’s two companies,

Ignorance of the law does not constitute exceptional circumstances

The Case Nathanael Charlesworth v Evolution Employment Network Pty Ltd T/A Evolution Hospitality Institute (2016) Mr Charlesworth’s employment with Evolution Employment Network Pty Ltd (Evolution) ended on 23 December 2015. On 20 January 2016, which was 7 days after the statutory time limit, Mr Charlesworth lodged an unfair