Employment law court cases

Employment class actions have become a frequent part of the Australian legal scene …

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AUSTRALIA Court Supreme Court of the ACT Case Melinda Subasic vs Hewlett-Packard Australia Pty Ltd (HPA) Date issued 30th January 2020 Subject Compensation for unpaid sales commissions  Substance A former employee of HPA exceeded sales targets by 500% …

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AUSTRALIA Case Oliver v Comcare Court Administrative Appeals Tribunal (AAT) Date issued 14th October 2019 Subject Employee’s compensation pay terminated due to pre-existing mental health disorders Substance The employee was working at the Australian Tax Office since 2001 when, in 2010, she filed for a worker’s compensation claim for an incident that took place at work in 2009, which resulted in a psychological condition …

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AUSTRALIA Case Lord v Comcare Court Administrative Appeals Tribunal (AAT) Date issued 30th August 2019 Subject Employer not liable for employee stress claim Substance The employee commenced her employment as a (casual worker) hair and makeup artist with the company in 1994, and was considered a highly competent and valued employee …

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AUSTRALIA Case Myers v Arenco Holdings Pty Ltd & Ors Court Federal Circuit Court Date issued 29th October 2019 Subject Workplace probation periods do not protect employers, nor their external advisors, from penalties for unlawful conduct Substance An employee met with their supervisor and external HR advisor to discuss business matters and schedules …

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AUSTRALIA Case David Arnold v Real Estate Mt Hawthorn Pty Ltd T/A Oxford Property Group Court Fair Work Commission (FWC) Date issued 2nd September 2019 Subject Do employees have to be consulted about being terminated? Substance A small real estate agency was considering downsizing their operations due to financial difficulties …

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AUSTRALIA Case Mondelez v the Australian Manufacturing Workers Union (AMWU) Court Federal Court of Australia Date issued August 21st 2019 Subject Clarifications on personal/carer’s leave rights: how is a ‘day’ calculated? Substance The Federal Court has recently issued a landmark decision settling how personal/carer’s leave rights are to be handled in Australia …

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AUSTRALIA Case: Davies v Whitehaven Coal Mining Ltd Court: New South Wales Supreme Court Date issued: 30th August 2019 Subject: No employer’s liability in workplace injury case Substance: In this case, a coal miner suffered an occupational injury whilst descending a ladder …

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Case law has emphasised how important it is for employers in Australia to have a clear social media policy in place that establishes clear rules on what conduct is and is not permissible, and what the possible repercussions are for not complying with these rules …

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AUSTRALIA Case: Jeremy Lee v Superior Wood Pty Ltd Court: Fair Work Commission (FWC) Date issued: 1st May 2019 Subject: Is it lawful for employers to establish fingerprint time clocks at the workplace? Substance: The FWC has overruled previous case law in deciding that employers may not force employees to use biometric time clocks at the workplace and that any dismissal or disciplinary action taken based on an employee’s refusal to provide their biometric data (fingerprints) is unlawful …

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AUSTRALIA Case: Keenan v Cummins South Pacific Pty Ltd (No …

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AUSTRALIA Case: Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd Court: Federal Circuit Court Date issued: 17th December 2018 Subject:  Dismissal during probation Substance: Employers may not refuse to provide reasons when dismissing an employee on probation …

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