Category: Recent Cases

Published 29 June 2016 The Supreme Court of NSW has ordered that a senior broker who was earning over $400,000 per year and resigned from his employment to take up a lucrative offer from a direct competitor, be restrained for 9 months after a “flagrant breach” of his employment contract. Mr Anthony Hickey commenced employment…

Published 29 June 2016 A man was issued an injunction to prevent him from working in the media industry for a specified period of time after the Supreme Court of New South Wales found his previous employer had a serious case and not granting an injunction may jeopardise their business. In 2012, Corbett entered into…

Published 29 June 2016 The New South Wales Civil and Administrative Tribunal ruled that a female football player was not unlawfully discriminated against after the Tribunal found the alleged discrimination did not constitute a requirement or condition within the meaning of s 49T(1)(b) of the Anti-Discrimination Act 1977 (NSW). In September 2013, Garriock was offered…

Published 28 June 2016 The Federal Circuit Court found termination without notice can be valid where the employee commits a serious breach of their employment contract. Mr Baird’s employment as managing principle of two of the Respondent’s offices was terminated without notice. Mr Baird argued he was entitled to be paid notice either under his…

Published 28 June 2016 The Industrial Relations Commission of New South Wales dismissed an application for relief from victimisation after finding the disciplinary action faced by an employee was not due to his political activity but rather a failure to serve the government in a politically neutral manner. Captain Challinor was employed by Fire and…

Published 27 June 2016 An appeal to gain access to documents was denied after the Fair Work Commission ruled the documents were protected by legal professional privilege and this privilege had not been waived. Mr Kirkman made an appeal against the Commissioner’s decision to deny him access to several documents regarding a workplace investigation report,…