Published 11 July 2016 In Australia, taking a sickie has unfortunately become a part of many workplace cultures, with some employees believing that it is their workplace entitlement to take a sick day whenever they feel like it, whether it is because they want to enjoy a long weekend by taking Friday or Monday off…
Category: Recent Cases
Employee awarded over $1.5 million in damages after sustaining psychiatric injuries from sexual assault while at work
Published 10 July 2016 The Brisbane Youth Service Inc was ordered to pay over $1.5 million in damages after the Supreme Court of Queensland found it had breached its duty of care, resulting in an employee sustaining psychiatric injuries from sexual assault. Ms Lindsey Beven commenced employment with the Brisbane Youth Service Inc (“BYS”) as…
Employee found liable for sex discrimination and sexual harassment in the workplace after touching a colleague and sending sexualised and derogatory email
Published 2 July 2016 The Northern Territory Anti-Discrimination Commission has found an employee liable for sex discrimination and sexual harassment in the workplace against a female colleague. The employer who the claim was also brought against was not found vicariously liable for the discrimination and harassment as they took reasonable steps to prevent this. Mrs…
Unfair Dismissal: Magdalina Kim v Embassy of the People’s Democratic Republic of Algeria [2016] FWC 4726
Published 30 June 2016 The Embassy of the People’s Democratic Republic of Algeria was ordered to pay an employee compensation to the amount of $15,506.46, less applicable tax, after the employee’s dismissal was deemed unjust and unreasonable. Mrs Kim commenced employment with the Embassy of the People’s Democratic Republic of Algeria (the Respondent) as a…
Misleading or deceptive conduct and employment contract: Rakic v Johns Lyng Insurance Building Solution (Victoria) Pty Ltd [2016] FCA 430
Published 29 June 2016 A woman who worked at an insurance building company was awarded over $300,000 in damages after the Federal Court ruled her employer had engaged in misleading and deceptive conduct during employment negotiations. Rakic was offered a position at Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Johns Lyng) with a base…
Unfair Dismissal: Peter Mulhall v Direct Freight (Qld) Pty Ltd [2016] FWC 58
Published 29 June 2016 A man who worked as a pick-up and delivery driver for Direct Freight (Qld) Pty Ltd T/A Direct Freight Express was awarded $25,468.13 after the Fair Work Commission found his dismissal was unjust, unreasonable and lacked procedural fairness. In January 2016, Mr Mulhall filed an application under s 394 of the…