Published 11 September 2016 Where modern awards provide base employment standards for whole industries or occupations, enterprise agreements are tailored agreements that meet the needs of a particular enterprise. These collective agreements are made between employers and employees and usually address the terms and conditions of employment for all. Enterprise agreements can be made between…
Category: Recent Cases
Error of fact caused the Full Bench of the FWC to relist an unfair dismissal matter
Published 11 September 2016 On appeal the Full Bench of the Fair Work Commission have overturned an unfair dismissal decision. At first instance Commission Booth held, amongst other reasons, that the dismissal was unfair due to the employer not genuinely keeping an open mind when putting the allegations of misconduct to the employee. The Full…
Employee who took sick leave dismissed for dishonesty rather than for exercising a workplace right
Published 11 September 2016 A Court has recently found that a company did not take adverse action by dismissing an employee who threatened to take sick leave after having his annual leave request denied. On 21 April 2014, Mr Stephen Byrne, a mine worker for Anglo Coal, applied for two days of annual leave for…
Dishonest behaviour excluded an employee from unfair dismissal remedy
Published 11 September 2016 A man who worked for the State Transit Authority was denied his appeal against the decision to dismiss him by the Industrial Relations Commission of New South Wales. The decision to uphold his termination was on the basis of the former employee’s lack of candour to his employer and to the…
Employee subject to 6 month restraint of trade to protect former employer’s confidential information
Published 10 September 2016 An employee was restrained from working for a competitor of his former employer for six-months after the Supreme Court of New South Wales found the restraint was not unreasonable to protect the employers ‘legitimate interests in preserving its confidential information’. Mr Guy commenced employment with the plaintiff in the senior position…
Order to stop bullying subject to future listing as applicant may engage in future work with the respondent
Published 7 September 2016 The Fair Work Commission allowed future listing of an application for an order to stop bullying after finding the applicant had broadly complied with the Commission’s directions and noting the possibility of future work with the respondent despite a current lack of engagement. Simounds sought an order against bullying under s…