Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rejects Claimant's Argument on Worker Allocation Post-Training Completion
Worker's Appeal Against Injury Claim Rejected by NSW Court of Appeal
Industrial Relations Commission Approves Contract Agreement
Commissioner's Order Upheld: Police Officer Removed for Non-Vaccination
Federal Court Rules on Common Fund Orders Upon Settlement
In this case, the Full Court of the Federal Court of Australia determined whether it has the authority to make a common fund order upon settlement in representative proceedings. The decision affirmed the court's power a person s 33V of the FCA Act.
Claimant's External Review Application for Improvement Notice Rejected
An HRWL assessor tried to get an external review of an improvement notice but was told he wasn't an eligible person under the Work Health and Safety Act. The NSW Industrial Relations Commission denied his application.
Non-Disclosure Orders Protect Teacher in Misconduct Investigation
Unfair dismissal claim dismissed for late filing
Dismissal of Motion to Set Aside Document Production Order in Employment Case
A former employee requested certain documents related to their dismissal for misconduct. The employer tried to stop this by moving to set aside the summons for these documents. Commissioner Sloan dismissed parts of the motion, allowing some requests and releasing others based on privilege or ongoing negotiations.
Coffee Company Fined for Employee Underpayments and Record-Keeping Failures
An online retailer was fined for underpaying its workers and not keeping accurate employment records. The Federal Court found the employer guilty of multiple violations of the a person Act and ordered them to pay a significant financial penalty.
Employer Fined for Not Consulting Employees About Policy Changes
In this case, the court fined an employer for not consulting its employees about changes to an internal policy that affected career progression opportunities. This decision highlights the importance of following consultation requirements under employment agreements in Australia.
Employment Appeal: Employer Failed to Place Teachers in Suitable Positions
In this employment case, the Full Court of the Federal Court allowed an appeal, finding that the employer breached certain clauses of the Enterprise Agreement and contravened s 50 of the a person Act by failing to place permanent teachers in suitable positions before filling vacancies through open advertisement.
Industrial Relations Commission Varies Car Carrier Contract Determination
Federal Court Upholds Decision on Employee Salary Increases
Unfair Dismissal Claim Not Dismissed Despite Medical Adjournments
NSWIRComm Rescinds Obsolete Employment Award
Enterprise Agreement Approved for Flight Operations Staff
Former Employee Wins Preliminary Discovery Order Against Employer
Full Federal Court Upholds Wage Increases Post-Expiry Date
The Full Federal Court ruled that an employer must continue paying annual wage increases under an enterprise agreement even after its nominal expiry date, unless and until a new agreement is negotiated and implemented. The decision supports workers' rights to receive agreed-upon pay rises despite ongoing negotiations for a replacement agreement.
Federal Court Transfers Wrongful Termination Claim to Federal Circuit Court
A worker claimed they were wrongfully terminated from their job as a delivery driver by their employer. The court decided to transfer this case to the Federal Circuit Court because it was less expensive and more convenient for both parties, without affecting the importance or nature of the claim.