Case Law - Employment Law Handbook (Page 24)

Case Law

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

Social media conduct and the employment relationship

The Case Wilson v Ferguson (2015) Ms Wilson and Mr Ferguson, who were both employees of Cloudbreak, were involved in a romantic relationship. In August 2013, Ms Wilson ended the relationship via text message. In retaliation, Mr Ferguson posted sexually explicit images and videos of Ms Wilson on Facebook. The