Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 McMeekin J The applicant sought to claim workers’ compensation for a hand injury alleged to be sustained during the course of his employment. By letter dated 27 August 2015, the applicant was advised that his claim was rejected principally because WorkCover was not satisfied that the applicant’s...Read More
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...Read More
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...Read More
Victorian Association for the Teaching of English Inc v de Laps [2013] FWC 4163 The decision by the Full Bench of the Fair Work Commission is a useful review of the authorities on employer initiated or constructive dismissals based on allegations of not affording procedural fairness. The employer was successful. The decision highlights how such...Read More
February 2014 In this issue: we look at a union’s contravention of the general protection laws; new legislation that will expand the powers of the federal building industry regulator; the Fair Work Commission’s ruling on urine testing and its implications for employers; a Fair Work Commission ruling affirming reinstatement as the primary remedy in cases...Read More
In this issue: we look at the continuing debate on the merits of saliva versus urine drug testing; the introduction of on-the-spot fines for WHS breaches in the ACT; revised national codes of practice for the construction and stevedoring industries; the need to properly particularise an offence when prosecuting a WHS offence; changes to right-of-entry...Read More
In this issue: we look at employees’ workplace rights under the adverse action provisions of the Fair Work Act; when employers may stand down employees; the scope of an order requiring industrial action to stop; whether wearing a union t-shirt in the workplace is industrial action; the offshore reach of the Fair Work legislation; and...Read More
Colson, Mark v Barwon Health U2012/10440 Summary of decision 1. This decision concerns only the question of remedy. Previous decisions of Commissioner Roe and the Full Bench on appeal have dealt with the question of whether the dismissal of Dr Mark Colson by Barwon Health, was harsh, unjust or unreasonable. 2. The Commission has determined...Read More
From 1 July 2013: the High Income Threshold under the Fair Work Act increased to $129,300; the compulsory superannuation guarantee contribution rate increased to 9.25% of ordinary time earnings; and the maximum amount of compensation payable for unfair dismissal is capped at $64,650. Brisbane Barrister – David CormackRead More
Article by Stephen Trew and Jennifer T Teh Holding Redlich In the recent case of Szanto v ISS Facility Services Pty Ltd [2013] FWC 3270, the Fair Work Commission (FWC) has provided some clarification of when a “job” is no longer required to be performed by anyone for the purposes of determining the entitlement...Read More
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