Case Law - Employment Law Handbook (Page 21)

Case Law

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

Summary dismissal requires incidents of serious misconduct

The Case Jeavons v Entram Pty Ltd (2015) Entram Pty Ltd (Entram) entered into sale of business negotiations with a competitor. During the meetings, the general manager of Entram, Mr Jeavons: * made disparaging comments about Entram’s directors and the business; * suggested the business couldn’t run without him; * sought

Demoting an employee will not always result in unfair dismissal

The Case Philip Moyle v MSS Security Pty Ltd (2016) Mr Moyle was given notice by MSS Security Pty Ltd (MSS) that he and other security guards would be required to work at new sites. When Mr Moyle moved to the new site: * his classification changed from level 5 to

Good faith bargaining does not require a face-to-face meeting

The Case LCR Mining Group Pty Ltd v CFMEU (2016) LCR Mining Group Pty Ltd (LCR) and the Construction, Forestry, Mining and Energy Union (CFMEU) had met a number of times in person to negotiate an enterprise agreement. They then had a dispute as to how future meetings should occur.

Making employees redundant while on parental leave

The Case Heraud v Roy Morgan Research Ltd (2016) Ms Heraud was the National Operations Manager for Roy Morgan (RM). In September 2013, she took 39 weeks’ maternity leave and was due to return to work in July 2014. During this time, RM suffered a significant decrease in revenue and

Unfair dismissal claim allowed after company found not to be a small business employer

The Case Alison Garner v Redmako RTO T/A Red Aussie (2015) Ms Garner was employed by Red Aussie from 14 July 2014 until her dismissal on 7 July 2015. Following this, Ms Garner filed an unfair dismissal claim in the Fair Work Commission (FWC). Red Aussie objected to the

Consider employees’ circumstances when determining whether alternative employment is acceptable

The Case Australian Commercial Catering Pty Ltd v Fair Work Commission (2015) Australian Commercial Catering Pty Ltd (ACC) operated a canteen at a Robert Bosch (Australia) Pty Ltd (Bosch) plant in the Melbourne suburb of Clayton. In 2013, ACC lost the Bosch contract and subsequently terminated the employment of two

Failure to comply with a lawful and reasonable direction results in dismissal

The Case Grant v BHP Coal Pty Ltd (2015) Mr Grant commenced unfair dismissal proceedings in the Fair Work Commission (FWC) after he was dismissed by BHP Coal Pty Ltd (BHP) for refusing to comply with a direction to undergo a medical examination after returning to work following a lengthy

Signed terms of settlement not always required for settlement to be binding

The Case Lombardo v The West Australian Newspaper (2015) After she was dismissed from The West Australian newspaper (the West), Ms Lombardo commenced unfair dismissal proceedings. At conciliation, the West made an offer to settle the matter, which included the provision of a statement of service. Ms Lombardo did not

Redundancy pay varied due to offer of alternative employment

The Case Man to Man Pty Ltd T/A Man to Man v Adele Sleiman (2016) Ms Sleiman was employed as a part-time sales assistant at Man to Man’s Epping Store in Victoria for more than 5 years. In October 2015, Man to Man closed the store and offered

High Court rules on sham independent contracting arrangements

The Case Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors (2015) Ms Best and Ms Roden were employed by Quest South Perth Holdings (Quest) as housekeepers. Quest entered into a triangular contracting arrangement with Contracting Solutions Pty Ltd (Contracting Solutions), a labour hire business, whereby Ms