Published 11 March 2018 In a recent case, Weir v Bechtel Construction (Australia) Pty Ltd, the Fair Work Commission found an employer did not unfairly dismiss an employee by terminating his employment after he was involved in a fight. Bechtel Construction (Australia) Pty Ltd (Bechtel) had villages available for employees to live in during their […]

Published 11 March 2018 In a recent case, Blyth v JBS Australia Pty Ltd, the Fair Work Commission found an employee of 13 years dismissed for not acting in compliance with training and company policies was not unfairly dismissed. Mr Blyth was employed by JBS Australia Pty Ltd (JBS) as a bandsaw operator, trainer and […]

Published 8 February 2018 In a recent case, John Krnjic [2017] FWC 3688, the Fair Work Commission (FWC) found that a Team Leader did not bully a Team Member despite her comments being “insensitive”. Mr Krnjic commenced employment with Bunnings in 2009. In April 2016, a new Team Leader was appointed to his division. On […]

Published 23 January 2018 Whilst many employers might feel justified in using a criminal record as a reason not to hire someone or in terminating an employee, the law does not always necessarily agree. Criminal records of prospective, or current, employees can be a challenge for employers to deal with. However, with careful consideration of […]

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 […]

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, […]