Published 13 September 2017 In a recent case, In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823, the Supreme Court of New South Wales upheld the application of Jewish law in finding a Rabbi was unfairly dismissed despite the Synagogue arguing his position was made redundant. The Rabbi had…
Supreme Court decides employment contract dispute based on Jewish law
Published 13 September 2017 In a recent case, In the matter of South Head & District Synagogue (Sydney) (Administrators appointed) [2017] NSWSC 823, the Supreme Court of New South Wales upheld the application of Jewish law in finding a Rabbi was unfairly dismissed despite the Synagogue arguing his position was made redundant. The Rabbi had…
Full Bench orders case be reheard after Transit Officer who sprayed a minor with capsicum spray was reinstated
Published 17 August 2017 In a recent case, Public Transport Authority of Western Australia v Australian Rail, Tram and Bus Industry Union of Employees, West Australian Branch 2017 WAIRC 00452 , the Full Bench of the Western Australian Industrial Relations Commission (WAIRC) disagreed with a tribunal member who reinstated a transit officer sacked for spraying…
Major ski resort did not dismiss employee as seasonal contract was extended by one day
Published 3 August 2017 In a recent case, Bosley v Kosciuszko Thredbo Pty Ltd [2017] FWC 3763, the Fair Work Commission found a major ski resort did not dismiss an employee despite notifying him that he was not going to be re-employed. Mr Bosley was employed as part of a ski patrol team under a…
Illegal workers in Australia – a different standard for politicians?
Another one bites the dust. Matt Canavan’s resignation last Tuesday from his cabinet position as Minister for Resources and Northern Australia brings the tally up to three senators who, because of their dual-citizenship, have been found ineligible, or potentially ineligible, under section 44 of the Constitution. Question marks also hang over a fourth senator, One…
Post-employment restraints not enforceable when contract repudiated by employer
Published 26 July 2017 In a recent case, Crowe Horwath (Aust) Pty Ltd v Loone, the Victorian Court of Appeal upheld the decision that a restraint of trade clause is unenforceable when the employer repudiates the contract and the employee accepts this repudiation. In this case, Mr Loone was employed by Crowe Horwath pursuant to…