Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Adjusts OH&S Penalty: $80K to $120K
The Full Federal Court adjusted a penalty imposed on a person who breached workplace safety laws. Initially set at $80,000, the penalty was increased to $120,000 due to considerations of deterrence and general compliance with safety regulations.
Worker Injured During Site Rehabilitation Considered Coal Miner Under Workers Compensation Act
Victimisation claim allowed, racial discrimination claims dismissed
Taxi Fare Increase Justifies Pay-In Variation for Operators
The Industrial Relations Commission adjusted the pay-in rates for taxi operators based on a report showing an increase in taxi fares. The adjustment ensures operators receive a fair share of the increased revenue.
Employer Fined for Safety Breach at Construction Site
Costs Awarded Against Frivolous Applicant in Unfair Dismissal Case
Unfair Contract Appeal Dismissed: Notice Period Upheld
Appeal Dismissed: Police Officer Removal Upheld
Costs Application Dismissed in Ambulance Officers' Case
Full Court Upholds Employer’s Position on Anzac Day Holiday Pay
Commission Halts Planned Stoppage of Work by Healthcare Workers
The NSW Industrial Relations Commission stopped healthcare workers from going on strike over better wages and working conditions. The Commission recommended that the workers redirect their efforts towards achieving a resolution through negotiation and conciliation.
Wrongful Termination Leads to Damages Awarded
The court awarded damages to workers for wrongful termination and breach of contract. The employer was found liable for failing to provide reasonable notice or compensation in lieu of notice when terminating an indefinite-term employment contract.
Appeal Dismissed on Contribution Claims Under LRMP Act and WC Act
NSW Court Upholds Post-Employment Restraint Covenant
Court Declares Void Dissolution of Company for Workers' Compensation
The court ruled that the dissolution of a company was invalid to allow a former employee to seek workers' compensation for mesothelioma caused by asbestos exposure during his employment.
Unfair Dismissal Case: Excessive Sick Leave Trumps Bullying Claims
In this case, the Industrial Relations Commission ruled that an employee's termination due to excessive sick leave was fair, even though the employee claimed they were being bullied and harassed at work. The commission found that the employee's sick leave record was poor and that there was insufficient evidence to support the claims of bullying and harassment.
Balanced Roster System for Nursing Staff Approved
Federal Court Rules Employer Breached Age Discrimination Law
In this case, the Federal Court of Australia found that the employer breached the Workplace Relations Act 1996 by terminating the employee's contract due to age discrimination. The court imposed a penalty and awarded damages to the employee.
Federal Court Dismisses Employment Appeal
The respondent's appeal against a Magistrates Court decision was dismissed by the Federal Court. The court ruled that an a person incorporated under Queensland law qualifies as an employer under federal workplace laws.