Case Law - Employment Law Handbook (Page 22)

Case Law

Rise in general protections personal liability claims

The Case FWO v Maritime Union of Australia (No 2) (2015) The assistant secretary of the WA branch of the Maritime Union of Australia distributed posters naming and shaming five employees who had resigned from the union and who had refused to strike. The employees suffered emotional distress and marginalisation

Your redeployment obligations when you have associated entities

The Case Stickley v Kestrel Coal Pty Ltd (2015) Mr Stickley was employed by Kestrel Coal Pty Ltd (Kestrel Coal), a subsidiary company of Rio Tinto Coal Australia Pty Ltd (Rio Tinto Coal). Rio had four other subsidiary companies that operated coal mines in Australia. Rio Tinto Coal was also

Distinguishing between an employee and an independent contractor

The Case Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (2015) Quest South Perth Holdings decided to convert its workforce from employees to independent contractors by engaging Contracting Solutions as a labour provider. The Fair Work Ombudsman (FWO) commenced proceedings against Quest, alleging that its conduct contravened the

Tax-evading employees prohibited from proving their employment debts in employer’s liquidation

The Case Re Perthmetro Pty Ltd (in liq) (2015) The liquidator involved in a construction company’s liquidation applied to the Federal Court for a determination on whether he should permit four employees to prove their unpaid employment entitlements in the liquidation, given the employment arrangements were clearly designed to

Dismissal due to illegal employment relationship

The Case Dr Daniel White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney v Mr Gerald Mahony (2015) Since 1986, Mr Mahony had been an employee of the Catholic Education Office in Sydney. In September 2012, Mr Mahony was charged with sexual assault. He

Domestic violence victim awarded compensation following dismissal

The Case Ms Leyla Moghimi v Eliana Construction trading as Eliana Group (2015) Eliana Construction hired Ms Moghimi as a draftsperson in June 2014. Ms Moghimi was in a relationship with a male employee who worked in the same office. In January 2015, Ms Moghimi was abused by her partner

Denying father’s parental leave results in penalties

The Case Scullin v Coffey Projects (Australia) (2015) When Mr Scullin’s wife gave birth to twins, he requested 12 months’ unpaid parental leave to assist with the care of his children. Coffey Projects rejected Mr Scullin’s request on the basis that he was not the twins’ primary carer,

Workplace culture affects ability to dismiss employee

The Case Johnpulle v Toll Holdings (2015) Toll terminated Mr Johnpulle’s employment after finding he had made racist comments regarding religion and ethnicity. Specifically, he had blamed Mr Karzi, an Iraqi work colleague, for the conduct of the Islamic State in Syria. Mr Karzi complained. After Mr Johnpulle was

Payment of a discretionary bonus may not be discretionary

The Case Russo v Westpac Banking Corporation (2015) Mr Russo had an employment contract with Westpac, which provided that he was entitled to a discretionary bonus and that certain Westpac policies did not form part of the terms of the contract. While a redundancy policy was not specified, the contract

Redundancy found to be genuine

The Case Alizadeh v Central Queensland University (2015) Mr Alizadeh’s employment with Central Queensland University (CQU) was terminated on the grounds of redundancy. He commenced unfair dismissal proceedings, alleging that the redundancy was not genuine pursuant to section 389 of the Fair Work Act 2009 (Cth) (FW Act). Mr

High penalties for underpaying staff

The Case FWO v Crystal Carwash Café Pty Ltd (2014) Crystal Carwash Café Pty Ltd (Crystal) operated 10 car washes throughout Sydney. Through a complex sham contracting arrangement involving 24 companies, it engaged approximately 360 car wash workers, who were young, unskilled and/or recent migrants with limited English. The

Contractor or employee? Full Federal Court casts doubt on entrepreneurial assessment

The Case Tattsbet Limited v Morrow (2015) In 2004, Tattsbet engaged Ms Morrow as an independent contractor. She worked as the operator for its Moorooka agency. In December 2005, she became the operator at Tattsbet’s Logan Central agency (the Agency). She had been engaged under consecutive independent contractor agreements,

Self-representation in an unfair dismissal claim

The Case Standish v Craig Arthur Pty Ltd (2015) When Mr Standish’s employment was terminated by Craig Arthur Pty Ltd (Craig Arthur), Mr Standish commenced unfair dismissal proceedings against his former employer and chose to represent himself. Craig Arthur made an application to the Fair Work Commission (FWC) to

Employing labour hire workers can result in a transfer of business

The Case Burdziejko v ERGT Australia Pty Ltd (2015) On 10 June 2014, Hays, a labour hire company, engaged Ms Burdziejko to undertake work for ERGT Australia Pty Ltd. On 3 September 2014, ERGT offered to directly employ Ms Burdziejko to undertake the same work. ERGT terminated Ms Burdziejko’s

Three million reasons to review your employment policies

The Case James v Royal Bank of Scotland (2015) Mr James was CEO of ABN AMRO. He was made redundant when ABN AMRO was taken over by the Royal Bank of Scotland (RBS). RBS offered Mr James a redundancy payment of $2.93 million in exchange for signing a deed