Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Rules Claimant Was Employee From July 1995 to Oct 1996
In this case, the Federal Court determined that the claimant was an employee of the a company from July 1995 to October 1996, despite informal work arrangements. The court considered factors like payment and provision of necessary tools when deciding on employment status.
Federal Court Upholds Dismissal Decision: No Valid Reason Found for Employee Strike
The Full Federal Court dismissed the airline's appeal and upheld a decision finding no valid reason to terminate an employee's employment due to striking his supervisor. The court emphasised that under s 170DE(1) of the Industrial Relations Act, employers must show sound reasons connected with the employee's conduct before terminating their employment.
Federal Court Rejects Union's Appeal Over Firefighters' District Definition
Biting Colleague Justifies Dismissal: Federal Court Decision
Unlawful Termination: Employer Must Provide Review Opportunity
A worker's job was ended because they didn't sell enough products as expected by their company. However, the company failed to follow a proper process before ending the employment, which led to the Industrial Relations Court ruling in favour of the worker and ordering the employer to pay compensation.
Claimant's Unlawful Termination Claim Dismissed by IRCA
An employee claimed he was unlawfully terminated when his employer refused to pay him for non-existent leave. However, the Industrial Relations Court found that the employee had abandoned his job and dismissed his case.
Employee Awarded Compensation for Unfair Redundancy Dismissal
An employee was unfairly dismissed from their job through redundancy without proper notice or consultation. The court ruled that this was unfair and awarded compensation to the worker due to the lack of reasonable procedures followed by the employer.
Claimant wins compensation for unlawful termination from employer
A worker successfully sued their employer for unfair dismissal in the Industrial Relations Court of Australia. The employer failed to provide a valid reason or fair process when terminating the employee's position, resulting in a small compensation payment.
Claimant awarded compensation for unlawful termination by employer
A worker's employment was unlawfully ended by her employer without giving her a chance to respond to any concerns raised. The court ruled that this was unfair, and the worker received six months' worth of pay as compensation.
Industrial Relations Court Awards Gross Earnings as Unlawful Dismissal Damages
In this case, the Industrial Relations Court of Australia ruled that an employer must pay damages for wrongful termination based on gross earnings rather than net income after tax. No costs were ordered in favour of either party.
Nurse Reinstated After Termination: Key Legal Ruling
A charge a person was terminated for failing to comply with directions and warnings. The court ruled that the employer failed to prove it was impractical to reappoint her, leading to her reinstatement and an award for lost remuneration.
Successful Misleading Conduct Claim Under Trade Practices Act
A property seller was accused of making false claims about a a person's capabilities during sales negotiations. The buyer claimed these statements were misleading and violated trade practices laws. The Federal Court agreed with the buyer, finding the seller guilty of misleading conduct in trade and commerce.
High Court Upholds Decision Against Employee Safety Claim
A worker appealed a decision claiming their employer was negligent in ensuring workplace safety when instructing them to throw scrap metal over a fence. The High Court dismissed this appeal, finding insufficient evidence of negligence on the part of the employer.
Workers' Compensation Policy Must Cover All Employees
The High Court ruled that a a person policy must cover all employees working for an employer in a specified business, even if certain equipment is excluded from the policy. This decision ensures broader coverage under such policies.
High Court Rejects Mandamus Application in Industrial Dispute Case
A worker's union tried to force a tribunal to hear their case about a person being let go due to redundancy. However, the High Court said no because the request wasn't clear enough and there wasn't enough proof.
High Court Upholds Verdict Against Healthcare Provider in Employee Accident Case
High Court Upholds Workers' Rights Against Commonwealth Appeal
Employer’s Right to Indemnity Limited by Third Party Damages
In this case, the High Court decided that when an employee dies due to another person’s negligence, their employer can only claim back from the negligent party what they actually owe in damages. The employer cannot recover a person than the amount of damages awarded to the a person's family.
High Court Upholds Deduction for Vacating Premises
The High Court ruled that when a landlord pays money to a tenant who is legally entitled to stay on the property without a lease agreement, this payment can be deducted as an expense for tax purposes. This decision clarifies how landlords can claim deductions under Australian income tax law.