Published 17 August 2017 In a recent case, Public Transport Authority of Western Australia v Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch 2017 WAIRC 00452 , the Full Bench of the Western Australian Industrial Relations Commission (WAIRC) disagreed with a tribunal member who reinstated a transit officer sacked for spraying […]

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 […]

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 […]

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 […]

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 […]

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 […]