Published 29 November 2017 In a recent case, Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) [2017] FCA 847, the Federal Court has found a CFMEU official, Bradley Upton, engaged in adverse action and coercion when he threatened to write non-union members names on the back of bathroom doors “to let everyone…
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.
10 weeks of unpaid work did not constitute an employment relationship
Published 22 November 2017 In a recent case, Klievens v Cappello Row Lawyers , the Fair Work Commission found Practical Legal Training was not employment and was instead a vocational placement. Mr Klievens was a law graduate required to undertake Practical Legal Training (PLT) to be qualified as a solicitor. He met with Ms Cappello,…
Employee who breached safety procedures unfairly dismissed
Published 1 November 2017 In a recent case, Johnson v BHP Billiton Olympic Dam Corporation Pty [2017] FWC 4097, the Fair Work Commission found an employee’s dismissal was harsh despite misconduct. However, this did not justify reinstatement. Mr Johnson commenced employment with BHP Billiton Olympic Dam Corporation Pty (BHPB) in 2001 and was promoted to…
Employee unfairly dismissed despite calling manager a “racist b—-“
Published 1 November 2017 In a recent case, Coffey v QBar Darwin Pty Ltd , the Fair Work Commission found that referring to a fellow employee as a “racist bitch” was not a valid reason for dismissal. Mr Coffey, an employee of QBar, became uncomfortable with how a new manager was conversing with and rostering…
Dismissals ‘R’ Us: A New Trend in ‘shake down’ litigation putting commercial pressure on Employers
Following some emerging trends in representative conduct in the Unfair Dismissal jurisdiction in particular, the Fair Work Commission require broader powers to make costs orders, especially against lawyers and paid agents who bring, or continue, claims that lack merit. The Fair Work Commission’s power to make orders for costs under the Act are limited, primarily to situations in which…
Workplace sexual harassment and the culture of silence: Are non-disclosure agreements to blame?
Harvey Weinstein has been in the news for all the wrong reasons recently. The New York Times investigative article on 5 October 2017 exposed Weinstein’s 30-year history of alleged sexual harassment and assault of young actresses and female employees. Since this article, many other women have come forward with their stories relating to Weinstein and…