A recent decision of the District Court of Queensland has found that where appropriate manual handling training had been provided to an employee and their injury arose from a failure to comply with that training, the employer or host employer will not be liable for that injury. In Tawera v BDS Recruit Pty Ltd & […]
A construction company and its director face a compensation order and the imposition of civil penalties following a recent Federal Circuit Court decision. Facts In November 2010, the Director of the Company advertised for expressions of interest for the position of excavator operator. The worker, who was appropriately qualified, responded to the advertisement. The worker […]
The Full Bench of the Fair Work Commission has overturned a decision earlier this year to reinstate a ferry captain who was involved in an accident and was subsequently found to have consumed marijuana before commencing his shift. The employer had in place a zero tolerance drug and alcohol policy and had terminated his employment. […]
At a recent Labour Law Conference in Sydney, the Fair Work Commission’s Senior Deputy President Hamberger provided an update on the FWC’s new anti-bullying jurisdiction. In his Keynote Address, His Honour noted that most of the matters that had been lodged had been resolved prior to any formal hearing, and there still had (at that […]
The High Court of Australia has overturned the Full Court of the Federal Court of Australia find that there is no implied duty of trust and confidence in Australian employment contracts. A recap on the facts Mr Barker had been employed with CBA for approximately 28 years. During this time he had risen to the […]
In Fraser v Burswood Resort (Management) Ltd, the employee worked as a croupier at the Burswood Casino. The employee had finished her shift and about half an hour into her journey home, the employee lost control of her motor vehicle which rolled four or five times. The employee was seriously injured and has ongoing disabilities. […]
In a recent matter before the Federal Circuit Court of Australia, an employer has been fined and ordered to seek professional help to deal with his anger management issues. An employee (represented by the Transport Workers’ Union) approached the employer and informed him that he could not work the following Monday as he had to […]
A Financial Controller for a global shipping company has had her total termination payment increased from approximately $50,000 to over $1 million dollars following a decision by the New South Wales Supreme Court. In Ma v Expeditors International Pty Ltd, the Financial Controller commenced legal proceedings against her former employer claiming she was entitled to […]
In a NSW Supreme Court decision, Fairfax applied for an injunction to restrain a former employee from working for Yahoo!7. The employee commenced with Fairfax in 2009. In October 2011, he was promoted and subsequently signed another contract with Fairfax. The contract contained a restraint clause that restrained the employee from working for a competitor […]
Justice White of the Federal Court has held that an employer who had made an employee redundant whilst on parental leave had not discriminated against the employee. The employee was employed in the position of Marketing Manager. Whilst the employee was on parental leave, the employer proceeded to make the position redundant. In considering whether […]