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Fair Work
Flick J Facts The Applicant (Mr Robinson) began working for the Respondent (Western Union Business Solutions) on 11th February 2013. Mr Robinson took sick leave for a period of 7 months starting from September 2016 based on his claimed mental disability. 5 medical certificates supporting Mr Robinson’s condition and subsequent inability to work were issued...
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Grant v BHP Coal Pty Ltd (No 2) [2015] FCA 1374 Dowsett, Barker and Rangiah JJ Background The appellant was employed as a boilermaker at a mine in Queensland and in October 2011 he injured his right shoulder while undertaking work duties. In July 2012, the appellant further injured his shoulder while mowing his lawn....
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Reproduced with permission of Corrs Chambers Westgarth lawyers By Simon Billing (Partner), Courtney Fiddian (Senior Associate) & Thalia Botsis (Graduate Lawyer) Is swearing ever appropriate in the workplace? Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.   When it comes to swearing in the workplace, context is key. Employers...
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Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 1032 The quantum decision of Reeves J in the adverse action claim following Mr Haylett’s unlawful termination raised several issues with respect to lost future earnings which were part of the decision of Judge Baulch in Mr Haylett’s personal injuries claim...
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  Hannaford v Barrett & Anor [2016] FCCA 106 The applicant made an adverse action claim alleging her dismissal was in contravention of the general protection provisions of the Fair Work Act 2009. As required the matter commenced in the Fair Work Commission (FWC) and proceeded to a conciliation conference, following which a certificate was...
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Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45 (2 December 2015) I refer you to the judgment summary. The plurality of the High Court allowed the appeal of the Fair Work Ombudsman and set aside the narrow interpretation of s 357(1) of the Fair Work Act 2009 (Cth) by the Full Court of the Federal...
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Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157 The appellant, Mr Byrne was the Lodge President of the CFMEU at the Dawson Mine at Moura in central Queensland and employed on the mine. In that capacity the Mr Byrne had been involved with negotiating with the respondent...
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Gramotnev v Queensland University of Technology [2015] QCA 127 I refer to the earlier posting wherein McMeekin J’s decision was in the main upheld, save whether the policy regarding disciplinary action for misconduct and serious misconduct contained contractual terms, which Jackson J found it did (Margaret McMurdo P and Holmes JA agreeing): [3] The question...
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Tattsbet Limited v Morrow [2015] FCAFC 62 Jessup P with whom Allsop CJ and White J agreed: [6]   The respondent to this appeal from the Federal Circuit Court, Sharyn Morrow, for many years operated a shopfront betting agency for the appellant, Tattsbet Limited, at Logan Central. On 10 November 2011, the appellant summarily terminated that...
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Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 The above CFMEU decision considered Barbaro v The Queen [2014] HCA 2; (2014) 305 ALR 323, which had previously been considered inapplicable to civil penalty matters and limited to criminal prosecutions. The Full Federal Court held that joint submissions...
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