Published 10 September 2018 In a recent case, Application by Ms A [2018] FWC 4147, the Fair Work Commission made an order to stop bullying after it found the communication by a Body Corporate Committee Chairman towards a director of a company engaged to provide management services to a residential complex was unreasonable. B Pty…
Author: Brian Powles
Brian is an accredited specialist in employment and industrial relations law, who is partner of a successful boutique Sydney law firm. He also hosts the Working Knowledge podcast.
Implied terms in employment contracts: Court of Appeal finds employment contract should not to be interpreted subject to Jewish law
Published 19 August 2018 The Supreme Court of New South Wales – Court of Appeal (Court of Appeal) overturned the earlier Supreme Court decision in In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823 (see earlier case note: Supreme Court decides employment contract dispute based on Jewish law). The…
Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop
Published 29 July 2018 Sexual harassment in the workplace is currently a prevalent topic. The #MeToo campaign and the Human Rights Commission launch of a year-long harassment inquiry has brought harassment onto the centre stage. A recent case in the Fair Work Commission, Colin Ramon Reguero-Puente v City of Rockingham, considered the misconduct of an…
Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee’s capacity to work
Published 26 July 2018 In a recent case, CSL Limited T/A CSL Behring v Chris Papaioannou, the Fair Work Commission Full Bench found that giving the final say to employers about an employee’s capacity to work when there was conflicting medical evidence was “plainly wrong”. The decision by the Full Bench came out of an…
No Win, No Fee: The seven must-ask questions for Employee litigants
With the growing proliferation of ‘no win no fee’ and contingency based employment litigation agents, it’s easy to presume that this as a positive move for ‘access to justice’ for employees. But sadly, an undercurrent within this trend is having the opposite effect.
How to dismiss an employee – The seven key steps
Published 24 July 2018 Terminating someone’s employment can be a challenging task for business owners and managers. A dismissal of an employee is not only personally difficult, but it can create potential legal implications if not done correctly. In our experience, one of the major concerns for employers is the prospect of litigation following an…