Category: Recent Cases

Published 27 June 2016 The Federal Court of Australia set aside an order made by the Federal Circuit Court after finding a recommendation to not continue the employment of a Prison Officer in Training constituted adverse action. Perez accepted a temporary position as a prison officer in training on a fixed-term contract. Perez claimed he…

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,…

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…

Published 27 June 2016 The Supreme Court of New South Wales ruled that partners to a franchise coffee shop were not required to spend the same amount of time working in the business because of the method and terms used to distribute the profits. Wang, Zhang and Rong entered into a partnership and opened a…

Published 26 June 2016 A woman whose employment as a solicitor was terminated for repeated unexplained absences, which resulted from domestic violence, was awarded $11,064.28 in compensation after the Fair Work Commission found the dismissal was unfair. King was employed by Lee and Lyons, a law firm, on 15 December 2014. On 19 December, King…

Published 26 June 2016 The Industrial Relations Court found Trainee and Apprentice Placement Service Inc had a shared health and safety duty to their employee after placing him with a host employer and was fined $12,000 for failing to uphold this duty. Mr Reynolds had been placed with a host employer, Shear Edge Roofing, by…