July 2

Employee found liable for sex discrimination and sexual harassment in the workplace after touching a colleague and sending sexualised and derogatory email

Employee found liable for sex discrimination and sexual harassment in the workplace after touching a colleague and sending sexualised and derogatory email

Published 2 July 2016 The Northern Territory Anti-Discrimination Commission has found an employee liable for sex discrimination and sexual harassment in the workplace against a female colleague. The employer who the claim was also brought against was not found vicariously liable for the discrimination and harassment as they took reasonable steps to prevent this. Mrs […]

July 1

Unfair Dismissal or General Protection? A high pressure choice facing employee litigants

When National system employees are unlawfully dismissed from employment they will generally have a choice of which section under the Fair Work Act to make their application.  Was it an Unfair Dismissal, or was it a contravention of a General Protection involving dismissal?  There is considerable overlap in these actions, but the Fair Work Act […]

June 30

Unfair Dismissal: Magdalina Kim v Embassy of the People’s Democratic Republic of Algeria [2016] FWC 4726

Unfair Dismissal: Magdalina Kim v Embassy of the People’s Democratic Republic of Algeria [2016] FWC 4726

Published 30 June 2016 The Embassy of the People’s Democratic Republic of Algeria was ordered to pay an employee compensation to the amount of $15,506.46, less applicable tax, after the employee’s dismissal was deemed unjust and unreasonable. Mrs Kim commenced employment with the Embassy of the People’s Democratic Republic of Algeria (the Respondent) as a […]

June 29

Unlawful discrimination: Garriock v Football Federation Australia [2016] NSWCATAD 63

Unlawful discrimination: Garriock v Football Federation Australia [2016] NSWCATAD 63

Published 29 June 2016 The New South Wales Civil and Administrative Tribunal ruled that a female football player was not unlawfully discriminated against after the Tribunal found the alleged discrimination did not constitute a requirement or condition within the meaning of s 49T(1)(b) of the Anti-Discrimination Act 1977 (NSW). In September 2013, Garriock was offered […]

June 29

Injunction: SBS v Corbett [2016] NSWSC 461

Injunction: SBS v Corbett [2016] NSWSC 461

Published 29 June 2016 A man was issued an injunction to prevent him from working in the media industry for a specified period of time after the Supreme Court of New South Wales found his previous employer had a serious case and not granting an injunction may jeopardise their business. In 2012, Corbett entered into […]