The past twenty years have seen more rapid technological change than any other period in human history. This has had a profound effect on social interaction and human psychology. Most notably, increased data speeds, web 2.0, and invention of smart phones, have created a situation where continuous connectivity is the new norm. The answer to…
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.
Employee awarded seven months’ salary despite breaching fiduciary duties
Published 16 October 2016 The Supreme Court of Victoria found an employee who was suspended for failing to honour his agreement to purchase the business was entitled to the equivalent of seven months’ salary, despite breaching his fiduciary duties, because his employer failed to formally terminate his employment. A significant issue in the case was…
Termination of employee unfair and unreasonable despite serious misconduct
Published 14 September 2016 An employer was ordered to pay one-week remuneration to a dismissed employee after the Fair Work Commission found the termination was unfair and unreasonable despite serious misconduct due to the erroneous approach taken by the employer. Mr Jimenez commenced employment with Accent Group T/A Platypus Shoes (Australia) Pty Ltd (“The Respondent”)…
Commission refused to allow employee’s appeal who sought an order to stop bullying
Published 14 September 2016 The Fair Work Commission dismissed the application for permission to appeal against a decision, finding the Commissioner’s decisions were appropriate and there was no error of substance. Hammon made an application for permission to appeal against a decision after the Commission ruled that an order to stop bullying could not be…
Employer liable for the death of an employee who suffered a cardiac arrest from work related stress
Published 13 September 2016 The Workers Compensation Commission rejected the grounds of appeal of Tudor Capital Australia Pty Ltd after a case where they were found liable for the death of an employee after a cardiac arrest relating to work. Grant Andrew Christensen (the deceased) was an employee of Tudor Capital Australia Pty Ltd (Tudor…
Dishonest behaviour excluded an employee from unfair dismissal remedy
Published 11 September 2016 A man who worked for the State Transit Authority was denied his appeal against the decision to dismiss him by the Industrial Relations Commission of New South Wales. The decision to uphold his termination was on the basis of the former employee’s lack of candour to his employer and to the…