Case Law - Employment Law Handbook (Page 22)

Case Law

Informing employees when prior service will not be recognised in a transfer of business

The Case Kelly Harland v Paradigm Cleaning & Professional Services Pty Ltd (2015) Ms Harland was working for Australind Cleaning Services Pty Ltd (Australind) when it was purchased by Paradigm Cleaning and Professional Services Pty Ltd (Paradigm). In a letter dated 23 January 2015, Paradigm advised Ms Harland that it

Broad interpretation of an employee’s workplace rights

The Case Henry v Leighton Admin Services Pty Ltd & Anor (2015) Mr Henry was dismissed from Leighton Admin Services Pty Ltd after he made complaints about one of Leighton’s projects going over budget and Leighton overstating its revenue by $14 billion. Mr Henry commenced two adverse action proceedings

Obesity can be valid grounds for termination

The Case BHP Coal Pty Ltd v Simon Blackwood (Workers’ Compensation Regulator) (2015) Mr Bray worked for BHP as a miner. At 176cm tall and weighing 160kg, Mr Bray had a BMI over 50 (well above the healthy range) and was considered obese. Mr Bray’s obesity and other health

Racist remarks may result in unlawful discrimination

The Case Vata-Meyer v Commonwealth of Australia (2015) Ms Vata-Meyer is an Indigenous woman who was employed by the Commonwealth Department of Education, Employment and Workplace Relations (DEEWR). Ms Vata-Meyer alleged that she had been racially discriminated against by Mr Lee, a co-worker, and claimed DEEWR was vicariously liable for

Unfriending someone on Facebook could constitute bullying

The Case Rachael Roberts v VIEW Launceston Pty Ltd as trustee for the VIEW Launceston Unit Trust T/A View Launceston; Ms Lisa Bird; Mr James Bird (2015) In 2010, Ms Roberts commenced employment with View Launceston Pty Ltd as a real estate agent. In February 2015, Ms Roberts alleged

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