Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Rectification of Invalid Elections and Financial Reporting in NSW
The Industrial Relations Commission of NSW ruled on an organisation's invalid elections and financial reporting issues, declaring and rectifying these invalidities to ensure compliance with the relevant Acts.
District Court Decision on Employment Termination Notice
In this employment case, the court ruled that the District Court does not have the power to grant certain types of relief requested by the defendant. The decision was based on the lack of jurisdiction under specific acts related to the court's powers.
Federal Court Rejects Employee's Disability Discrimination Case
In this case, an employee with profound deafness claimed she was discriminated against at work by her employer. She argued that not providing interpreters for training sessions and a person conditions were discriminatory. The Federal Court found no evidence of less favourable treatment or unreasonable requirements compared to hearing employees, dismissing the claim.
Demotion Not Unfair Dismissal Under Industrial Relations Act
The Industrial Relations Commission ruled that a demotion that follows the terms of an industrial award does not count as an unfair dismissal under the Industrial Relations Act. This means the claimant could not pursue their case under the unfair dismissal provisions.
Unfair Dismissal Claim Accepted Despite Being Made Out of Time
Employer Cannot Terminate for Sexual Harassment Complaints
In this case, the Federal Court found that an employer cannot terminate an employee's job because they reported sexual harassment or discrimination at work. The court ordered the employer to pay significant compensation to the worker who was unfairly dismissed.
Commissioner's Decision to Remove Officer Due to Misconduct Upheld
Police Officer Wins Appeal to Include Psychiatric Condition in Incapacity Certificate
A police officer successfully appealed to include a psychiatric condition in his incapacity certificate, affecting his superannuation benefits. The Industrial Relations Commission recognised the officer's incapacity due to a psychiatric disorder.
Injured worker reinstated to part-time role with medical restrictions
Commission Denies Skills Retention Allowance Claim
Employer's Transfer Action Found Reasonable By NSW Court of Appeal
Employer Fined for Fatal Workplace Accident
An employer was fined $162,500 for failing to ensure the health and safety of its employees, resulting in two fatal accidents. The court emphasised the importance of workplace safety and the need for general and specific deterrence.
Continuity of Employment for Apprentices - NSWIRComm Decision
Employer Held Liable for Worker's Severe Injuries Due to Unsafe Workplace
Unfair Dismissal for Rostering Practices Ruled Unjust
Workers Fired for Safety Breaches in Hazardous Environment
Federal Court: Employer's Protest Leave Ban Breaches Workplace Agreement
In this case, the Federal Court ruled that an employer's refusal to grant leave to an employee who wanted to participate in a protest event violated their workplace agreement. The court emphasised the need for employers to provide genuine a person reasons when denying leave requests.
Tribunal Rejects Contract Carriers' Claims for Compensation
a person who had their contracts terminated due to a loss of major client sought compensation from the a person but were unsuccessful. The Tribunal found that the termination was fair and reasonable under the circumstances.