Published 10 July 2016 The Brisbane Youth Service Inc was ordered to pay over $1.5 million in damages after the Supreme Court of Queensland found it had breached its duty of care, resulting in an employee sustaining psychiatric injuries from sexual assault. Ms Lindsey Beven commenced employment with the Brisbane Youth Service Inc (“BYS”) as…
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 found liable for sex discrimination and sexual harassment in the workplace after touching a colleague and sending sexualised and derogatory email
Published 2 July 2016 The Northern Territory Anti-Discrimination Commission has found an employee liable for sex discrimination and sexual harassment in the workplace against a female colleague. The employer who the claim was also brought against was not found vicariously liable for the discrimination and harassment as they took reasonable steps to prevent this. Mrs…
Unfair Dismissal or General Protection? A high pressure choice facing employee litigants
When National system employees are unlawfully dismissed from employment they will generally have a choice of which section under the Fair Work Act to make their application. Was it an Unfair Dismissal, or was it a contravention of a General Protection involving dismissal? There is considerable overlap in these actions, but the Fair Work Act…
Unfair Dismissal: Magdalina Kim v Embassy of the People’s Democratic Republic of Algeria [2016] FWC 4726
Published 30 June 2016 The Embassy of the People’s Democratic Republic of Algeria was ordered to pay an employee compensation to the amount of $15,506.46, less applicable tax, after the employee’s dismissal was deemed unjust and unreasonable. Mrs Kim commenced employment with the Embassy of the People’s Democratic Republic of Algeria (the Respondent) as a…
Unlawful discrimination: Garriock v Football Federation Australia [2016] NSWCATAD 63
Published 29 June 2016 The New South Wales Civil and Administrative Tribunal ruled that a female football player was not unlawfully discriminated against after the Tribunal found the alleged discrimination did not constitute a requirement or condition within the meaning of s 49T(1)(b) of the Anti-Discrimination Act 1977 (NSW). In September 2013, Garriock was offered…
Injunction: SBS v Corbett [2016] NSWSC 461
Published 29 June 2016 A man was issued an injunction to prevent him from working in the media industry for a specified period of time after the Supreme Court of New South Wales found his previous employer had a serious case and not granting an injunction may jeopardise their business. In 2012, Corbett entered into…