Published 23 January 2018 Whilst many employers might feel justified in using a criminal record as a reason not to hire someone or in terminating an employee, the law does not always necessarily agree. Criminal records of prospective, or current, employees can be a challenge for employers to deal with. However, with careful consideration of […]

Published 29 November 2017 In a recent case, Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) [2017] FCA 847, the Federal Court has found a CFMEU official, Bradley Upton, engaged in adverse action and coercion when he threatened to write non-union members names on the back of bathroom doors “to let everyone […]

Published 22 November 2017 In a recent case, Klievens v Cappello Row Lawyers , the Fair Work Commission found Practical Legal Training was not employment and was instead a vocational placement. Mr Klievens was a law graduate required to undertake Practical Legal Training (PLT) to be qualified as a solicitor. He met with Ms Cappello, […]

Published 1 November 2017 In a recent case, Johnson v BHP Billiton Olympic Dam Corporation Pty [2017] FWC 4097, the Fair Work Commission found an employee’s dismissal was harsh despite misconduct. However, this did not justify reinstatement. Mr Johnson commenced employment with BHP Billiton Olympic Dam Corporation Pty (BHPB) in 2001 and was promoted to […]