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Employment Law
Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014) The long awaited decision reversed the Full Federal Court’s decision. I refer you to the judgment summary and briefing by Allens: In brief: A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should...
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Cowan v Sargeant Transport Pty Ltd [2014] FWC 5330 Commissioner Bissett 387 Criteria for considering harshness etc. In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take into account: (a) whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including...
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JK v State of New South Wales [2014] NSWSC 1084 Scott Cowell Partner Moray Agnew Overview The State of New South Wales (the State) successfully argued before the New South Wales Supreme Court (judgment delivered 14 August 2014) that QR (the teacher) should make a substantial contribution towards a consent judgment (the settlement) the State...
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In this issue: we look at the circumstances surrounding the prosecution of a business for using hazardous chemicals; the courts move to increase penalties for WHS breaches; a new monetary threshold for principal contractor duties in Victoria; and the growing use of enforceable undertakings as an alternative to prosecutions under model WHS laws. Business fined for...
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Tao Sun [2014] FWC 3839 A recent decision where the worker failed in claim of bullying before the FWC on the basis the alleged offending conduct fell within the exception in s.789FD(2) of the Fair Work Act 2009 (Cth): “(1) A worker is bullied at work if: (a) while the worker is at work in...
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Heilala Tabete | Associate | Corney & Lind Lawyers Pty Ltd More and more employees need to adapt their work schedule to their way of life. This is especially relevant for working parents, working carers and mature age employees. The National Employment Standards (NES) gives employees the right to apply for flexible working arrangements. Read...
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The following recent decisions are of interest: Allegation of being a whistle blower – The Applicant v The Respondent [2014] FWC 3189  Allegation of physical assault – David Browne v Coles Group Supply Chain Pty Ltd [2014] FWC 3670 Allegations of WorkCover fraud – Kinnane v DP World Brisbane Pty Limited [2014] FWC 4541  ...
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Chivers v State of Queensland (Queensland Health)[2014] QCA 141 HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT – EMPLOYMENT – where in 2004 the appellant sustained a head injury from a horse riding accident – where in 2008 the appellant commenced a Graduate Nurses Program with the respondent – where a...
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  FCB Group Christopher Toms v Harbour City Ferries [2014] FWC 2327 The Fair Work Commission recently caught employers by surprise when it reinstated an employee who had been dismissed when he tested positive to marijuana use after crashing a ferry into a Sydney Harbour ferry wharf1. In dismissing the employee, the employer relied on its...
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An example of some of the difficulties under the new regime: Ms SB [2014] FWC 2104 Brisbane Barrister – David Cormack
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