Employment
Employment judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Employer Held Liable for Negligence Leading to Fatal Explosion
Commission rules lead bonus excluded from clause 19.16 of the Award
Employer's Requirement Not Reasonable: Indirect Discrimination Claim Dismissed
Unfair Dismissal Case: Constructive Dismissal Due to Lack of Consultation
The Industrial Relations Commission ruled that the worker's employment was unfairly terminated because the employer failed to consult properly and acted improperly. The worker received compensation as a result.
Employer Fined for Defective Equipment Causing Injury
Employer Fined for Unsafe Working Conditions
An employer was fined for failing to ensure the safety of employees working on unsecured metal plates covering lubricant pits. The Industrial Relations Commission of New South Wales found the employer liable under the Occupational Health and Safety Act 1983 and imposed a fine of $135,000.
Stay of Supreme Court Proceedings Pending IRC Decision
The court decided to pause the proceedings in the Supreme Court until the Industrial Relations Commission makes a decision on a related contract issue. This decision was made to ensure that the contract's final form is determined before the Supreme Court can rule on the case.
Injunction to Prevent Receiver Appointment Refused
Unfair Dismissal Claim Dismissed Due to Governing Award
Employer Held Liable for Child's Safety Breach at Mine
Contract declared unfair and varied to include exit fee
Worker Awarded Compensation for Permanent Loss of Left Hand
Federal Court Dismisses Trade Union Member’s Interim Relief Request
Employer Liable for Psychiatric Injury Caused by Failure to Protect Employee
Employer Held Liable for Student's Severe Injuries Caused by Unguarded Classroom Machinery
An employer was found liable for a student's severe injuries caused by unguarded machinery in a classroom. The court ruled that the employer failed to ensure proper machine guarding and adequate supervision, leading to the student's injuries.
Appeal Dismissed: Workers Compensation Claim Against Principal Contractor
Employer Held Liable for Employee's Back Injury Due to Unsafe Manual Handling Practices
The Court of Appeal decided that an employer was responsible for an employee's back injury caused by unsafe manual handling practices. The employer failed to provide adequate training and warnings about safe lifting techniques, leading to the employee's injury.
Worker's Compensation Claim for Personal Injury - NSW Supreme Court Decision
A worker was injured while working for a company and filed a claim for compensation. The court assessed the damages according to the Workers Compensation Act 1987.