Published 29 June 2016 The Supreme Court of NSW has ordered that a senior broker who was earning over $400,000 per year and resigned from his employment to take up a lucrative offer from a direct competitor, be restrained for 9 months after a “flagrant breach” of his employment contract. Mr Anthony Hickey commenced employment…
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.
Unfair Dismissal: Peter Mulhall v Direct Freight (Qld) Pty Ltd [2016] FWC 58
Published 29 June 2016 A man who worked as a pick-up and delivery driver for Direct Freight (Qld) Pty Ltd T/A Direct Freight Express was awarded $25,468.13 after the Fair Work Commission found his dismissal was unjust, unreasonable and lacked procedural fairness. In January 2016, Mr Mulhall filed an application under s 394 of the…
Misleading or deceptive conduct and employment contract: Rakic v Johns Lyng Insurance Building Solution (Victoria) Pty Ltd [2016] FCA 430
Published 29 June 2016 A woman who worked at an insurance building company was awarded over $300,000 in damages after the Federal Court ruled her employer had engaged in misleading and deceptive conduct during employment negotiations. Rakic was offered a position at Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Johns Lyng) with a base…
Victimisation: Fire Brigade Employees Union of NSW v Fire and Rescue NSW 2016] NSWIRComm 1024
Published 28 June 2016 The Industrial Relations Commission of New South Wales dismissed an application for relief from victimisation after finding the disciplinary action faced by an employee was not due to his political activity but rather a failure to serve the government in a politically neutral manner. Captain Challinor was employed by Fire and…
Unfair dismissal and employment contract: Baird v Crowe Horwath (Aust) Pty Ltd [2016] FFCA 1379
Published 28 June 2016 The Federal Circuit Court found termination without notice can be valid where the employee commits a serious breach of their employment contract. Mr Baird’s employment as managing principle of two of the Respondent’s offices was terminated without notice. Mr Baird argued he was entitled to be paid notice either under his…
Unfair Dismissal and Legal Professional Privilege: Kirkman v DP World Melbourne Limited [2016] FWC 605
Published 27 June 2016 An appeal to gain access to documents was denied after the Fair Work Commission ruled the documents were protected by legal professional privilege and this privilege had not been waived. Mr Kirkman made an appeal against the Commissioner’s decision to deny him access to several documents regarding a workplace investigation report,…