Published 14 February 2017 Many workers, who would otherwise normally use personal leave honestly, find the lure of a four-day weekend irresistible, and put their normal ethical standards regarding personal leave to one side. In businesses that offer essential services, or customer service, this cost is a directly economic one from disruption to productivity,…
Category: Recent Cases
Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay
Published 23 January 2017 Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 A prospective employer has failed to prevent a prospective employee from advancing a discrimination complaint after the Tribunal found the case was reasonably arguable and the applicant had a reasonable explanation for the delay as he suffered from borderline personality disorder and…
Commission upheld employers decision to end the flexible working arrangements of two fathers
Published 22 January 2017 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v South Western Sydney Local Health District [2016] NSWIRComm 1047 A recent case in the Industrial Relations Commission of New South Wales has found that employers have the right to allocate and arrange work for employees and require employees to respond…
Employee who left work due to a panic attack was unfairly dismissed
Published 7 January 2017 The Fair Work Commission found an employee was unfairly dismissed after the employer mistakenly mistook his leaving work due to a panic attack as resignation. However the employee was only awarded two weeks’ pay in compensation as the employment relationship was strained and unlikely to continue for much longer. Mr A…
Employee awarded $477,400 plus interest after his employer failed to uphold an oral agreement
Published 7 January 2017 Stevens v Spotless Management Services Pty Ltd [2016] VSCA 299 A chief information officer was awarded $477,400 plus interest after the Victorian Court of Appeal found there existed an oral agreement that specified his entitlements, and his employer failed to uphold this agreement. Mr Stevens claimed he was owed $477,400 as…
Uber acted reasonably in deactivating the account of a dangerous driver
Published 7 January 2017 The District Court of Western Australia rejected a claim of $500,000 in damages from an Uber driver, finding Uber acted reasonably in deactivating the driver’s account after passengers had complained that they felt unsafe, reporting the driver crossed the centre line of the road and almost fell asleep. Raiser Operations BV…