Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Unfair Dismissal Application Accepted Out of Time Due to Legal Error
Employer Found Guilty of Breach Under Occupational Health and Safety Act
The Industrial Relations Commission found an employer guilty of breaching the Occupational Health and Safety Act 2000. The employer failed to ensure the safety of its workers during pole top maintenance, resulting in an employee receiving an electric shock and becoming a paraplegic.
Employer Held Liable for Self-Employed Contractor’s Safety
An employer was found responsible for ensuring the safety of a self-employed contractor working on their premises. The court emphasised the importance of implementing proper safety measures to prevent workplace accidents.
Claimant Successfully Exempted from Employment Ban Under Child Protection Act
Costs Awarded to Successful Party Despite Claimant's Financial Difficulties
Commission Upholds Redundancy Payments Order for Former Employees
Employer Penalised for Gas Leak Incident at Steelworks
An employer was fined $115,500 for failing to ensure the safety of its employees during a gas leak incident at a steelworks. The court highlighted the need for adequate safety measures and protocols to protect workers from hazardous conditions.
Unfair Dismissal Claim Dismissed Due to Employee's Email During Leave
A former employee was fired after sending an email during his annual leave that was deemed unnecessary and disrespectful to his boss. The Industrial Relations Commission ruled that the termination was fair and reasonable.
Employment Victimisation Claim Dismissed Due to Jurisdictional Issues
A senior program officer claimed her employer was victimising her. However, the Industrial Relations Commission dismissed her application because the claims were outside the scope of the Industrial Relations Act 1996.
Effective Workplace Safety Systems Required to Prevent Accidents
The Industrial Relations Commission ruled that an employer's safety system must be effectively implemented to prevent workplace accidents. The Court emphasised the importance of practical adherence to safety protocols over theoretical compliance alone.
Unfair Dismissal Case for Two Sisters Settled by Industrial Relations Commission NSW
Unfair Dismissal Application Dismissed for Being Out of Time
Stay Granted Pending Appeal in Unfair Dismissal Case
Successful Unfair Dismissal Claim Due to Lack of Procedural Fairness
Unfair Dismissal Claim Dismissed Due to Poor Performance Impacting Business
Appeal Dismissed Over Sexist Comments Dismissal
Enterprise Agreement Approved by IR Commission NSW
In 2005, the Industrial Relations Commission of New South Wales approved an enterprise agreement between workers and their employer. The agreement was found to comply with all necessary statutory requirements and passed the no net detriment test.
Enterprise Agreement Approved by NSW Industrial Relations Commission
Employer Ordered to Address Health and Safety Concerns Over Toxic Solvents in Flags
The Industrial Relations Commission ordered an employer to address health and safety concerns over toxic solvents in plastic promotional flags used in the workplace. The Commission found that the employer failed to provide adequate information to employees and customers about the potential hazards of the flags.