Published 1 November 2017 In a recent case, Coffey v QBar Darwin Pty Ltd , the Fair Work Commission found that referring to a fellow employee as a “racist bitch” was not a valid reason for dismissal. Mr Coffey, an employee of QBar, became uncomfortable with how a new manager was conversing with and rostering […]
Following some emerging trends in representative conduct in the Unfair Dismissal jurisdiction in particular, the Fair Work Commission require broader powers to make costs orders, especially against lawyers and paid agents who bring, or continue, claims that lack merit. The Fair Work Commission’s power to make orders for costs under the Act are limited, primarily to situations in which […]
Harvey Weinstein has been in the news for all the wrong reasons recently. The New York Times investigative article on 5 October 2017 exposed Weinstein’s 30-year history of alleged sexual harassment and assault of young actresses and female employees. Since this article, many other women have come forward with their stories relating to Weinstein and […]
Published 18 October 2017 In a recent case, Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051, the Industrial Relations Commission of New South Wales ordered the reinstatement of an employee despite his misconduct. Mr Collins was employed as a First Class Correctional Officer at the […]
Published 5 October 2017 In a recent case, Michael Toohey v Dr Dan White, Executive Director of Catholic Schools and legal representative of the Catholic Education Office, Sydney [2017] FWC 4722, the Fair Work Commission ordered a teacher be reinstated after he was dismissed for losing his Working with Children Check Clearance because he was […]
The topic of same-sex marriage has been hotly debated since the Government announced its plans for a postal plebiscite on the issue. Most in favour of change recognise this as a human rights issue, and most against change consider it an attack on religion, free speech, or other undefined ‘values’. But there has been very […]