July 29

Sexually inappropriate texts to co-workers a valid reason for dismissal: Co-workers not required to tell employee to stop

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 […]

July 26

Employee dismissed based on conflicting medical evidence: Commission required to make findings on employee’s capacity to work

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 […]

April 16

Employee holding multiple jobs with single employer not able to combine hours for overtime entitlements

Employee holding multiple jobs with single employer not able to combine hours for overtime entitlements

Published 16 April 2018 In a recent case, Lacson v Australian Postal Corporation, the Federal Circuit Court of Australia found the overtime, rest relief and meal allowance entitlements of an employee hired by the same employer for multiple positions were not to be calculated cumulatively, but rather separately for each position. The employee, Mr Lacson, […]

April 8

Full Bench decides against established authority in ruling a termination refers to the cessation of the employment relationship and not the employment contract

Full Bench decides against established authority in ruling a termination refers to the cessation of the employment relationship and not the employment contract

Published 8 April 2018 In a recent case, Khayam v Navitas English Pty Ltd t/a Navitas English, the Fair Work Commission Full Bench found the Commissioner at first instance did not consider all relevant circumstances and the appeal was upheld. Mr Khayam was employed by Navitas in 2005 as a casual employee. In April 2012, […]