Published 18 October 2016 The Fair Work Commission dismissed an application for an unfair dismissal remedy, finding the “essential character” of the relationship more similarly resembled that of a volunteer rather than an employee. Grinholz commenced a relationship with Football Federation Victoria Inc (Football Federation) in 2015 as the assistant coach of the Under 13…
Category: Recent Cases
Company to pay $100,000 in penalties after misclassifying a “vulnerable” employee as an independent contractor
Published 17 October 2016 The Federal Circuit Court of Australia ordered a company to pay $100,000 in pecuniary penalties and the sole director to pay $24,000, after a British visa-holder was misclassified as an independent contractor and underpaid over $7,800 in wages. Beckitt was a British national who arrived in Australia in February 2013 and…
Employee awarded seven months’ salary despite breaching fiduciary duties
Published 16 October 2016 The Supreme Court of Victoria found an employee who was suspended for failing to honour his agreement to purchase the business was entitled to the equivalent of seven months’ salary, despite breaching his fiduciary duties, because his employer failed to formally terminate his employment. A significant issue in the case was…
Commission refused to allow employee’s appeal who sought an order to stop bullying
Published 14 September 2016 The Fair Work Commission dismissed the application for permission to appeal against a decision, finding the Commissioner’s decisions were appropriate and there was no error of substance. Hammon made an application for permission to appeal against a decision after the Commission ruled that an order to stop bullying could not be…
Termination of employee unfair and unreasonable despite serious misconduct
Published 14 September 2016 An employer was ordered to pay one-week remuneration to a dismissed employee after the Fair Work Commission found the termination was unfair and unreasonable despite serious misconduct due to the erroneous approach taken by the employer. Mr Jimenez commenced employment with Accent Group T/A Platypus Shoes (Australia) Pty Ltd (“The Respondent”)…
Employer liable for the death of an employee who suffered a cardiac arrest from work related stress
Published 13 September 2016 The Workers Compensation Commission rejected the grounds of appeal of Tudor Capital Australia Pty Ltd after a case where they were found liable for the death of an employee after a cardiac arrest relating to work. Grant Andrew Christensen (the deceased) was an employee of Tudor Capital Australia Pty Ltd (Tudor…