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
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
The short answer to this question is no, as was demonstrated in the recent case of Fair Work Ombudsman v Jewel Bay 2015 Pty Ltd.[1] In this case, an employer was found to have discriminated against its employee on the basis of her pregnancy, by unilaterally reducing her hours. It specifically highlighted pertinent factors which … Read more
Short answer — yes, you might need an employment contract lawyer to review your contract. Entering into a new employment opportunity can be exciting, particularly if you have found your dream job. You’ve made it through the interview process and they have finally called to offer you the job. What comes next? You will likely … Read more
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
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
Restraint of Trade: Valid or Void? Which of the following interests take precedence in the context of an employer seeking to restrain a former employee? The interests of an employee in being able to earn a living by using his or her legitimately obtained skills, experience and knowledge; The interests of the public in being … Read more
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
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