Published 17 March 2021 Shane Harman v Joe Harkin as trustee for the Civil Labour (NSW) Trust [2021] FWC 1220 Mr Shane Harman (the Applicant) had been employed as an operator/truck driver for 18 months by Joe Harkin as trustee for the Civil Labour (NSW) Trust (the Respondent) before his employment was terminated. The Applicant…
Category: Recent Cases
Travel expenses almost cost an employee $379,268.10
Published 8 March 2021 Sherry v Toyota Motor Corporation Australia Limited [2020] NSWDC 827 (23 December 2020) Gregory Sherry sued his former employer Toyota Motor Corporation Australia Limited (TMCA) for damages for the repudiation of his employment contract, after they terminated his employment, alleging that he had engaged in serious misconduct. Facts Mr Sherry began…
Employee who left work to obtain a medical certificate for an injury dismissed for ‘abandonment’
Published 5 March 2021 Mr Fe Ben Acal v JBS Australia Pty Limited [2020] FWC 5554 Mr Fe Ben Acal (the Applicant) was employed at the Rockhampton Plant as a maintenance fitter until he was dismissed for serious misconduct on 2 October 2019. JBS Australia Pty Limited (the Respondent) claimed that the Applicant had abandoned…
Are costs recoverable in the Fair Work Commission?
Published 26 February 2021 Claudia Montero v Club Holdings Pty Ltd T/A Horizons West Bus & Coach Lines [2021] FWC 733 (17 February 2021) An employer made an application to the Fair Work Commission to recover costs under section 611 of the Fair Work Act 2009 (FW Act) from an employee who discontinued their unfair…
School employees stood down due to a lack of ‘useful’ work during COVID-19 restrictions. Was this lawful?
Published 23 February 2021 Independent Education Union of Australia v The Peninsula School T/A Peninsula Grammar School [2021] FCCA 115 In Independent Education Union of Australia v The Peninsula School T/A Peninsula Grammar School [2021] FCCA 115 (IEU v PGS) the Fair Work Commission (the FWC) held that employees had been unlawfully stood down from…
Insourcing may be considered a redeployment option v redundancy
Published 17 February 2021 Facts In November 2019, Helensburgh Coal Pty Ltd (Helensburgh Coal) had entered into a service agreement with a conveyer belt contractor called Mentser. The service agreement provided that Mentser would undertake belt cleaning and improvement work at the Metropolitan Coal Mine (the Mine) and the contract was to commence in April 2020,…