Published 3 August 2017 In a recent case, Bosley v Kosciuszko Thredbo Pty Ltd [2017] FWC 3763, the Fair Work Commission found a major ski resort did not dismiss an employee despite notifying him that he was not going to be re-employed. Mr Bosley was employed as part of a ski patrol team under a…
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.
Post-employment restraints not enforceable when contract repudiated by employer
Published 26 July 2017 In a recent case, Crowe Horwath (Aust) Pty Ltd v Loone, the Victorian Court of Appeal upheld the decision that a restraint of trade clause is unenforceable when the employer repudiates the contract and the employee accepts this repudiation. In this case, Mr Loone was employed by Crowe Horwath pursuant to…
Probationary employee unlawfully fired for taking leave due to pregnancy and morning sickness
Published 26 July 2017 In a recent case, Mahajan v Burgess Rawson & Associates Pty Ltd, the Federal Circuit Court of Australia found an employee dismissed on the last day of her probationary period was dismissed because of her pregnancy and for taking personal and annual leave due to her pregnancy. Mrs Mahajan commenced employment…
Don’t overlook the support person obligation: Three key steps
Published 20 July 2017 Employers generally know that their must be a valid reason for dismissal, they must notify the employee of these reasons; provide opportunities for the employee to respond; and where the dismissal is performance based, provide warnings in most instances. However, employers often fail to consider the employee’s right to request a…
Falsified medical certificate “accidently attached” to sick leave application was a valid reason for dismissal
Published 20 July 2017 In a recent case, Bluzer v Monash University [2017] FWC 2536, the Fair Work Commission (FWC) found Monash University (Monash) was justified in dismissing an employee after expressing concerns over the validity of a medical certificate. Ms Bluzer attended a dental appointment whilst on annual leave in Bali from 11-15 February…
Introduction of casual conversion clause in all modern awards
Published 5 July 2017 In a 4 yearly review of modern awards, the Australian Council of Trade Unions (ACTU) sought for the Fair Work Commission (FWC) to introduce a similar casual conversion clause into all modern awards and alter 5 modern awards that already have a clause. The alteration would mean employees that met certain…