Category

Fair Work
Bunning v Centacare [2015] FCCA 280 On a strike out application Judge Vasta found that sexual behaviour and in particular, polyamorous behaviour is not akin to sexual orientation. The strike out application was allowed. David Cormack – Brisbane Barrister & Mediator
Read More
Rikihana v Mermaid Marine Vessel Operations Pty Ltd [2014] FWC 6314 Rikihana (“the applicant”) was employed as a “wharfie” by Mermaid Marine Vessel Operations and was dismissed after repeatedly using offensive language. The FWC’s position on this case reinforces that even though swearing was a part of the culture at the dock, there is a...
Read More
State of Victoria (Office of Public Prosecutions) v Grant [2014] FCAFC 184   Before: Tracey, Buchanan & White JJ Decision: Appeal allowed Catchwords:           Brief Overview: INDUSTRIAL LAW – appeal from Federal Circuit Court – whether trial judge erred in finding employee’s mental disability was the reason for the termination of his...
Read More
Bowker v DP World Melbourne Limited [2014] FWCFB 9227 Since 1 January 2014 a worker as defined in the Work Health and Safety Act (Cth.) for which there are analogous provisions in Queensland (excepting most notably Qld Public Servants), may apply to the Fair Work Commission (FWC) under s.789FF(1)(b)(i)) of the Fair Work Act 2009...
Read More
Harbour City Ferries Pty Ltd v Toms [2014] FWCB 6249 The employer dismissed the Mr Toms the respondent because of his serious misconduct, namely attending work and testing positive to marijuana in contravention of their zero tolerance policy on drugs. The circumstances in which this became known followed a crash of the ferry Marjorie Jackson...
Read More
Romero v Farstad Shipping (Indian Pacific) Pty Ltd [2014] FCAFC 177 The appeal was confined to a narrow issue of whether the employer’s policy formed part of the contract of employment or was merely aspirational. The court (Allsop CJ, Rares J and Mckerracher J) found it was and had not been complied with. The consequence...
Read More
Conflict in the workplace is not uncommon. The recent unfair dismissal appeal decision of Jacqueline Lumley v Bremick Pty Ltd Australia T/A Bremick Fasteners [2014] FWCFB 8278 by the Full Bench of the Fair Work Commission (FWC) serves as a useful example of how a workplace disagreement may be considered and justified. This case covers...
Read More
Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014) I refer you to the summary judgment. The CFMEU claimed BHP contravened section 346(b) of the Fair Work Act, which prohibits terminating an employee because the employee participated in industrial activity. Mr Doevendans, a union delegate, was terminated from his...
Read More
I refer you to the Benchbook for General Protections prepared by the FWC.   David Cormack – Brisbane Barrister & Mediator
Read More
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...
Read More
1 2 3 4 6

Recent Comments

    Categories