Published 8 October 2018 In a recent case, BHP Coal Pty Ltd t/a BHP Billiton v Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCFB (27 July 2018), the Full Bench of the Fair Work Commission found an employee does not have to be paid if forced on leave because they cannot perform their role….
Category: Recent Cases
Order to stop bullying made by Fair Work Commission: Management action not raised in a reasonable way
Published 10 September 2018 In a recent case, Application by Ms A [2018] FWC 4147, the Fair Work Commission made an order to stop bullying after it found the communication by a Body Corporate Committee Chairman towards a director of a company engaged to provide management services to a residential complex was unreasonable. B Pty…
Implied terms in employment contracts: Court of Appeal finds employment contract should not to be interpreted subject to Jewish law
Published 19 August 2018 The Supreme Court of New South Wales – Court of Appeal (Court of Appeal) overturned the earlier Supreme Court decision in In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823 (see earlier case note: Supreme Court decides employment contract dispute based on Jewish law). The…
Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop
Published 29 July 2018 Sexual harassment in the workplace is currently a prevalent topic. The #MeToo campaign and the Human Rights Commission launch of a year-long harassment inquiry has brought harassment onto the centre stage. A recent case in the Fair Work Commission, Colin Ramon Reguero-Puente v City of Rockingham, considered the misconduct of an…
Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee’s capacity to work
Published 26 July 2018 In a recent case, CSL Limited T/A CSL Behring v Chris Papaioannou, the Fair Work Commission Full Bench found that giving the final say to employers about an employee’s capacity to work when there was conflicting medical evidence was “plainly wrong”. The decision by the Full Bench came out of an…
The 1 July 2018 workplace changes that will impact your business
Published 9 July 2018 These changes are particularly relevant to Award covered employees, with approximately 2.3 million Australian employees, or 22.7% of all employees having their wages and other entitlements set by a modern award. 1. Increases to minimum wage on 1 July 2018 On 1 July 2018, the minimum wage in all modern awards…