Employment law court cases

Important employment law court cases from Australia in “easy to read” format.

Australia :: Compensation for unpaid sales commissions 

AUSTRALIACourtSupreme Court of the ACTCaseMelinda Subasic vs Hewlett-Packard Australia Pty Ltd (HPA)Date issued30th January 2020SubjectCompensation for unpaid sales commissions SubstanceA former employee of HPA exceeded sales targets by 500% …

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Australia :: Employee’s compensation pay terminated due to pre-existing mental health disorders

AUSTRALIACaseOliver v ComcareCourtAdministrative Appeals Tribunal (AAT)Date issued14th October 2019SubjectEmployee’s compensation pay terminated due to pre-existing mental health disordersSubstanceThe 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 :: Employer not liable for employee stress claim

AUSTRALIACaseLord v ComcareCourtAdministrative Appeals Tribunal (AAT)Date issued30th August 2019SubjectEmployer not liable for employee stress claimSubstanceThe 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 :: Workplace probation periods

AUSTRALIACaseMyers v Arenco Holdings Pty Ltd & OrsCourtFederal Circuit CourtDate issued29th October 2019SubjectWorkplace probation periods do not protect employers, nor their external advisors, from penalties for unlawful conductSubstanceAn employee met with their supervisor and external HR advisor to discuss business matters and schedules …

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Australia :: Do employees have to be consulted about being terminated?

AUSTRALIACaseDavid Arnold v Real Estate Mt Hawthorn Pty Ltd T/A Oxford Property GroupCourtFair Work Commission (FWC)Date issued2nd September 2019SubjectDo employees have to be consulted about being terminated?SubstanceA small real estate agency was considering downsizing their operations due to financial difficulties …

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Australia :: Clarifications on personal/carer’s leave rights

AUSTRALIACaseMondelez v the Australian Manufacturing Workers Union (AMWU)CourtFederal Court of AustraliaDate issuedAugust 21st 2019SubjectClarifications on personal/carer’s leave rights: how is a ‘day’ calculated?SubstanceThe 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 :: No employer’s liability in workplace injury case

AUSTRALIACase: Davies v Whitehaven Coal Mining LtdCourt: New South Wales Supreme CourtDate issued: 30th August 2019Subject: No employer’s liability in workplace injury caseSubstance: In this case, a coal miner suffered an occupational injury whilst descending a ladder …

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Australia :: Case law on social media

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 :: Is it lawful for employers to establish fingerprint time clocks at the workplace?

AUSTRALIACase: Jeremy Lee v Superior Wood Pty LtdCourt: Fair Work Commission (FWC)Date issued: 1st May 2019Subject: 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 :: Reinstatement of unfairly dismissed executive

AUSTRALIACase: Keenan v Cummins South Pacific Pty Ltd (No …

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Australia :: Dismissal during probation

AUSTRALIACase: Pacheco-Hernandez v Duty Free Stores Gold Coast Pty LtdCourt: Federal Circuit CourtDate issued: 17th December 2018Subject:  Dismissal during probationSubstance: Employers may not refuse to provide reasons when dismissing an employee on probation …

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