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…
Category: Recent Cases
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…
Unfair dismissal and employment contract: Baird v Crowe Horwath (Aust) Pty Ltd [2016] FFCA 1379
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…
Victimisation: Fire Brigade Employees Union of NSW v Fire and Rescue NSW 2016] NSWIRComm 1024
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…
Changes to employment law and HR practices effective 1 July 2016
Published 27 June 2016 With the new financial year fast approaching, businesses and human resource managers must now turn their minds to workplace planning and employee entitlements, having regard to new changes that will come into effect on 1 July 2016. National minimum wage As is required every year, the Fair Work Commission has reviewed…