Archive Chief Executive, Employment Contract, Redundancy Policy, Workplace Policies
An employer’s unwitting error in incorporating its policies, including a redundancy policy, into a Chief Executive’s employment contract resulted in a significant financial windfall for the redundant Chief Executive. Interestingly, the ‘Global Markets Head’ of the same business tried to establish a similar claim; however it was found that he was not made redundant, but […]
Archive Adverse Action, Compensation, Employee Entitlements, Notice of Termination, Pheonix Arrangement
The Federal Circuit Court has recently awarded compensation to a dismissed employee who had worked for four separate but related entities over the course of 8 years. Two of the companies had been deregistered at the time of the employee’s dismissal, while a third was in liquidation. This arrangement was alleged by the employee to […]
Archive Fair Work Ombudsman, Interns, volunteer, Work Experience
A radio and television program producer company has been fined $24,000 following its underpayment of two young interns over periods of 6 months and 12 months respectively. The proceedings were commenced by the Fair Work Ombudsman (FWO). This was the FWO’s first prosecution for underpayment on interns since a 2013 university report (commissioned by the […]
Archive Conflict of Interest, Dismissal, Fair Work Commission, FWC, Termination, Unfair Dismissal
A delivery driver who had his employment terminated for working for one of his employer’s customers whilst on annual leave has won his unfair dismissal case before the Fair Work Commission. The employee worked for a glass manufacturing business as a delivery truck driver. When the employee asked to take a period of annual leave, […]
Archive Corporate theft, Employer fined, Investigation, Misconduct Allegations, Termination, Unfair Dismissal
The Fair Work Commission has awarded an employee $29,070 in compensation after it found that the employer had no evidence of the employee’s alleged serious misconduct before proceeding to dismiss the employee. The employee had worked for the employer for nearly three and a half years at the time of her dismissal. The employer commenced […]
Archive Discrimination, Job Application Form, Pre-Employment Process, Woolworths
In an informative decision for employers, the Queensland Civil and Administrative Tribunal found that Woolworths’ online job application was discriminatory by requiring prospective employees to provide their gender, date of birth and to establish their right to work in Australia. In Willmott v Woolworths Ltd [2014] QCAT 601, the content of Woolworths’ online job application […]
Archive Breach of Contract, Breach of duty, Confidentiality, Copyright Infringement, Intellectual Property, IP
In Leica Geosystems Pty Ltd v Koudstaal (No 3) [2014] FCA 1129, the Employer was part of a group of companies who sell software products and provide services to the mining sector. The Employee was employed with the Employer for about 18 months before he resigned in November 2011. Following his resignation, the Employee went […]
Archive Bullying, Investigation, Management, Workplace Bullying
The Fair Work Commission’s anti-bullying jurisdiction has determined not to award orders in favour of a senior public servant who alleged that his manager had been bullying him. The allegations made against the manager by the employee included that the manager told him ‘to go back where he came from’, pressured him to terminate his […]
Archive Manual Handling, WHS, Workplace Hazards, Workplace Injury, Workplace Policies, Workplace Safety
A recent decision of the District Court of Queensland has found that where appropriate manual handling training had been provided to an employee and their injury arose from a failure to comply with that training, the employer or host employer will not be liable for that injury. In Tawera v BDS Recruit Pty Ltd & […]
Archive Contract of Employment, Fair Work Act 2009, Independent Contractor, Sham Contracting, Sub-contractor
A construction company and its director face a compensation order and the imposition of civil penalties following a recent Federal Circuit Court decision. Facts In November 2010, the Director of the Company advertised for expressions of interest for the position of excavator operator. The worker, who was appropriately qualified, responded to the advertisement. The worker […]
