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The new Queensland Human Rights Act 2019

What does it mean for public sector employees? The Human Rights Act 2019 (QLD) (‘the Act’) was passed by the Queensland Parliament on the 27 February 2019. The Act came into effect in Queensland on the 1st January 2020. The new Act allows for greater protection of Queenslanders dealing with public entities including as employees … Read more

Does out-of-hours contact by an employer to an employee amount to workplace bullying?

Case: Ms A [2018] FWC 4147 Area of Law: Employment – Application for an order to stop bullying Act: Section 789FC Fair Work Act 2009 (‘the Act’) Note: Names of parties and business have been altered in order to facilitate the continuation of an on-going safe and productive working relationship between the parties. Story  Ms … Read more

Can an employee with a medical condition be dismissed?

Employers need to be mindful of their obligations under the Fair Work Act when responding to employees with limited capabilities because of various medical conditions. This was especially noted in the recent 2019 Fair Work case of Carley Jack v Sigma Healthcare[1]  wherein the court considered whether an employees termination was reasonable in light of … Read more

Dismissal based on employee’s inability to perform inherent requirements of the role

Case: Ms Jack Jack v Sigma Healthcare T/A Sigma Healthcare (U2019/1119) Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background: Ms Carley Jack had been employed at Sigma Healthcare for 6 years before being terminated on 8 of February 2019. Ms Jack was … Read more

Dismissal from employment due to social media post

Case: Ms Creina Murkitt v Staysafe Security T/A Alarmnet Monitoring (U2019/2978) Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background of employment Ms Murkitt was employed on a full-time basis by a predecessor of Alarmnet beginning in February 2005. Her most recent contract … Read more

Fake Medical Certificate – A Sure Way to Byrne Your Fingers

Quite frequently, an employer has valid reasons to believe an employee is requesting sick or personal leave without a legitimate reason for it. The Full Federal Court of Australia decision involved a dismissal of an employee following a period of sick leave. The Facts Mr Bryne was employed by Anglo and Coal. He applied for annual … Read more