Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Union Wins Wage Increase for 'Lagging' Award
Claimant Seeks to Discontinue Proceedings After Court of Appeal Decision
Employer's Appeal Against Robbery Penalty Dismissed
Employer Held Liable for Worker's Injury Due to Safety Failures
Unfair Dismissal Claim Dismissed Due to Lack of Credibility
Joining Multiple Applicants in Employment Proceedings
Unfair Dismissal Appeal Dismissed Due to Binding Settlement Agreement
Employer Fined for Machinery Safety Failures in NSWIRComm Case
Commission Has Jurisdiction Over Union Representation in Disciplinary Proceedings
The Industrial Relations Commission decided it had the power to handle a dispute where an employer refused to let an employee be represented by a union during disciplinary proceedings. The Commission ruled that it could intervene despite the existence of an Australian Workplace Agreement.
Employer Held Liable for Fatal Injury Caused by Unsafe Construction Practices
An employer was found responsible for a fatal injury at a construction site due to unsafe practices. The court ruled that the employer failed to ensure a safe system of work and protect non-employees from risks, resulting in a $13,500 fine.
Commission Grants Extension of Time for Appeal Due to Procedural Issues
A worker was given more time to appeal after missing a hearing due to illness. The court recognised that both parties were not present at the original hearing and granted an extension based on fairness principles.
Unfair Dismissal Claim Settled in NSWIRComm
An employee successfully claimed unfair dismissal and received compensation for outstanding superannuation contributions from the Industrial Relations Commission of NSW, even though the company was in receivership.
Self-employed electrician fined for safety breaches
Commission adopts National wage increase in State Awards
Unfair Contract Claim Dismissed: Industrial Relations Commission Rules Against Employee
Full Federal Court Rejects Appeal in Disability Discrimination Case
In this case, the Full Federal Court of Australia dismissed an appeal challenging a finding that withholding medical information from a a person did not constitute a person discrimination. The court ruled that the employer's decision to withhold such information was based on its belief that it was irrelevant, rather than discriminatory.
Statutory Demands Set Aside Due to Genuine Dispute Over Employment Contract
New Club Managers' Award Granted Reflecting Negotiated Changes
Employer Fined for Unsafe Machine Stacking Procedure Leading to Fatal Accident
An employer was fined after a subcontractor's employee died while working on a machine-stacking project. The employer failed to ensure that the operating procedure for the machine stacking of fibercrib blocks was safe and without risk to the health and safety of the employees.