Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Employer Held Liable for Worker’s Injury Due to Unsafe Work Environment
The Court of Appeal decided that an employer must provide a safe working environment for their employees and is responsible for any injuries that occur due to unsafe conditions. In this case, a worker was injured while working and the employer was found liable for the injury.
Employer Can Roster Hours Without Dividing Ordinary Hours Evenly
The Federal Court ruled that an employer can set work schedules without dividing regular working hours evenly across all shifts within a three-week cycle under the Black a person a person. This decision allows for more flexible scheduling practices by employers.
Clarification on Leave Entitlements Under 38-Hour Workweek
The Industrial Relations Commission clarified how leave entitlements are calculated under the 38-hour workweek system. This includes annual, sick, and long service leave, with each day of leave resulting in an 8-hour debit to the employee's leave entitlements, while 0.4 of an hour is notionally added to the employee's RDO.
Federal Court Orders Employer Penalty for Underpayment Based on Misinterpretation
The court ordered an employer to pay a penalty after it underpaid its workers due to a misinterpretation of their employment contract. This case highlights that employers must comply strictly with enterprise agreements and face penalties for non-compliance, even if they acted in good faith.
Unfair Dismissal Claim Dismissed for Non-Compliance
Unfair Dismissal and Reinstatement Impracticability Decision
Employee Allowed to Amend Respondent in General Protections Application
The Court allowed an amendment to substitute the correct employer as the respondent in a general protections application despite a discrepancy in the Fair Work Commission certificate. The Court reasoned that the purpose of the certificate is to confirm that the dispute has been the subject of conciliation at the Fair Work Commission prior to legal proceedings commencing, and that a technical defect in the certificate does not invalidate the proceedings.
Federal Court upholds dismissal of an employer's application for declarations and certiorari
Worker Wins Weekly Payments for Right Wrist Injury
Commission Grants New Awards, Refuses Variations
Disability Discrimination Claim Against Employer Allowed in NSW Tribunal
Federal Court: Claimant Seeks Leave to Discontinue Proceeding Without Costs
A worker who brought a case against an employer at the Federal Court is asking for permission to stop her legal action without having to pay the employer's legal fees. She also wants to use some of the documents she prepared in court for another tribunal hearing. The judge agreed that neither party acted unreasonably and allowed the worker to discontinue the proceeding without costs.
Federal Court rules on long service leave after business sale
In this case, the Federal Court determined that when a business changes hands but the worker continues their job without interruption, their entitlement to long service leave remains intact. This decision impacts how employers and employees view long-term benefits in such transactions.
Employer lacked right to terminate contract early, says NSW District Court
Federal Court Revokes Order on Third-Party Evidence
In this case, the Federal Court of Australia decided to revoke an order that required a third-party witness to give their evidence in written form (affidavit). Instead, they allowed the witness to be questioned orally during the trial. This decision was made because the third party refused to cooperate with providing the affidavit.
Worker awarded compensation for incapacity and impairment
Removal from Casual List Not Deemed Dismissal in NSWIRComm Ruling
Employment Appeal: Employer Must Justify Summary Dismissal for Serious Misconduct
Tribunal Waives Apprentice Consent Requirement for Genuine Redundancy
Commissioner Rejects Employee's Request for Extended Time to File Unfair Dismissal Claim
An employee asked for extra time to file an unfair dismissal claim, but the Commissioner said no because the employee couldn't show enough reason for the delay.