Case Law - Employment Law Handbook (Page 23)

Case Law

FWC takes sensible approach to anti-bullying orders

The Case James Willis v Marie Gibson; Capital Radiology Pty Ltd; Peita Carroll (2015) James Willis, a radiographer on probation with Capital Radiology Pty Ltd (Capital), sought that the FWC impose an anti-bullying order against Capital and two managers who had allegedly berated and bullied Mr Willis in response to

Health and safety adviser unfairly dismissed

The Case Leeder v John Holland Group Pty Ltd (2015) John Holland dismissed its health and safety adviser for allegedly misrepresenting a safety incident. It was alleged that the adviser had deliberately downgraded the severity of a safety incident he had reported on, in which a 2 kilogram section of

State legislation cannot override the Fair Work Act

The Case Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) v Queensland Rail Ltd (2015) The Queensland Rail Transit Authority (QRTA) was established under the Queensland Rail Transit Authority Act 2013 (QRTA Act). QRTA’s primary purpose is to supply labour to a related

What is reasonable performance management?

The Case Mac v Bank of Queensland (2015) An in-house lawyer applied to the Fair Work Commission (FWC) seeking bullying orders against five of her colleagues and her employer, the Bank of Queensland. The claim arose as a result of the employee being put on a performance improvement plan, with

Failure to pay students leads to Fair Work Act breach

The Case FWO v Crocmedia Pty Ltd (2015) Crocmedia engaged two university students on unpaid work experience for 3 weeks. Following this period, they continued their engagements as volunteers. The students were involved in producing various radio programs and worked primarily between midnight and 6am. Crocmedia described the students as

Incorporating a workplace policy in an employment contract

The Case Romero v Farstad Shipping (Indian Pacific) Pty Ltd (2014) While at sea, Lisa Romero, a second officer with Farstad Shipping (Indian Pacific) Pty Ltd (Farstad), had a conflict with her ship’s captain, Captain Martin. When Ms Romero arrived onshore, she sent an email to Farstad about Captain

Summary dismissal found to breach employment contract

The Case Mitchell-Innes v Willis Australia Group Services Pty Ltd (No 3) (2015) During a company training conference, employees of Willis Australia Group Services Pty Ltd (Willis), including the General Manager for NSW, Mr Mitchell-Innes, headed out for drinks after dinner. The drinks lasted into the early hours of the

Breach of Small Business Fair Dismissal Code

The Case Elton v Acupuncture Australia Pty Ltd (2015) Ms Elton was summarily dismissed from her employment with Acupuncture Australia. The employer alleged that Ms Elton had engaged in theft and fraud, claiming that: * an increase in deleted receipts from the cash book demonstrated the fraud; and * a drop in

Annual leave loading may be payable on termination

The Case Centennial Northern Mining Services Pty Ltd v Construction, Forestry, Mining & Energy Union (No. 2) (2015) The Centennial Northern Mining Services enterprise agreement provided for annual leave to be paid at a rate higher than the ordinary weekly rate of pay, allowing for penalty payments or a 20%

Fair dismissal for cannabis use

The Case Sharp v BCS Infrastructure Support Pty Ltd (2014) BCS held a contract with Qantas at Sydney Airport to maintain and service some of its equipment. The work constituted Safety Sensitive Aviation Activities (SSAA) under the Civil Aviation Safety Regulations 1998 (Cth). BCS had a drug and alcohol policy

Does annual leave accrue during workers’ compensation?

The Case NSW Nurses and Midwives’ Association v Anglican Care (2015) This case examined whether a NSW nurse who was on workers’ compensation was also entitled to have annual leave accrue during this period. The Verdict The Court held that annual leave did accrue during the period of workers’ compensation.

Redundancy exemption attempt fails

The Case Serco Sodexo Defence Services Pty Ltd (SSDS) (2015) Serco dismissed many of its NSW and ACT employees when it lost its government defence contracts. Serco applied to the Fair Work Commission (FWC) under section 120 of the Fair Work Act 2009 (Cth) to avoid paying the employees severance

Adverse action on the grounds of political opinion

The Case Sayed v Construction, Forestry, Mining and Energy Union (2015) Mr Sayed was employed by the Construction, Forestry, Mining and Energy Union (CFMEU). He was a member of the Socialist Alliance, a coalition of Australian socialist groups, and advocated their views. The CFMEU had hired Mr Sayed as part

Woolworths’ discriminatory recruitment forms

The Case Willmott v Woolworths Ltd (2014) Mr Willmott applied for a position with Woolworths in Queensland. He was unsuccessful in obtaining employment. Mr Willmott then brought a discrimination claim against Woolworths, alleging that the information they requested in their online job application forms was discriminatory. The form could not

Employee restrained despite no express restraint clause

The Case APT Technology Pty Ltd v Aladesaye (2014) While employed by APT in South Australia, Mr Aladesaye set up a business in competition with his employer. To assist him to set up his business and procure APT’s clients, Mr Aladesaye forwarded confidential information about APT to his new