In a recent decision in the Supreme Court, an employer was found to have breached its duty of care by failing to prevent an employee from developing a foreseeable psychiatric injury in the course of his employment. Castricum Brothers Pty Ltd (‘the Defendant’), a meat processing company, required Mr Roussety (‘the Plaintiff’) to be on […]
The Federal Circuit Court (“the FCC”) has ordered that Mr Bijal Sheth, operator of a Brisbane cleaning company that is in liquidation (“the Company”), pay a “record” $126,540 personal penalty and almost $60,000 of back pay to the Company’s workers. The Fair Work Ombudsman (“the FWO”), which brought the legal action against Mr Sheth. This […]
In the recent case of APT Technology Pty Ltd v Aladesaye; In the Matter of APT Technology Pty Ltd (No 2) [2016] FCA 203; the Federal Court held Mr Aladesaye, a former employee of APT Technology (‘the Employer’), to be permanently restrained from disclosing the Employer’s confidential information and/or intellectual property. Mr Aladesaye was summarily […]
A recent decision of the New South Wales Supreme Court, Court of Appeal (‘the Court of Appeal’) has again highlighted the enigmatic nature of employment policies and representations, acting as a caution to employers when making promises to employees, and drafting employment contracts and workplace policies. In late 2008, Mr McKeith and Mr James were […]
A recent case before the FWC demonstrates the importance of ensuring procedural fairness in dismissing an employee. In Kirkbright v K&S Freighters Pty Ltd [2016] FWC 1555, Commissioner Bissett held that, although the employer had a valid reason for dismissing Mr Colin Kirkbright, the deficiencies in the employer’s dismissal procedure resulted in the dismissal being […]
The Federal Circuit Court of Australia in Cai v Tiy Loy & Co Ltd (No. 3) [2016] FCCA 675 ordered Tiy Loy & Co Ltd (“Tiy Loy”) to pay more than $400,000 in compensation and penalties of more than $50,000 for unlawful adverse action against its employee, Mr Ree Bin Cai. This recent decision reinforces […]
Employee Ordered to Pay Costs After Refusing Settlement Offer The Fair Work Commission has ordered an unrepresented employee, Mr Colin Ferry, to pay almost $14,000 in costs following his refusal to accept a settlement offer of $3,000 from his former employer, GHS Regional WA Pty Ltd (“GHS Regional”) to settle his unfair dismissal claim. Background […]
The recent Fair Work Commission decision (‘FWC’), Carroll v Karingal Inc [2016] sheds new light on how certain management styles may amount to bullying. The FWC found that the management style of Karingal Inc’s Audit and Risk Manager, Mr Carroll (‘the Manager’), caused considerable “distress and anxiety” to Karingal staff under his management. The Manager […]
As social media continues to proliferate, employees and employers alike need to be wary of how they navigate social media platforms and how and when, social media activity may warrant disciplinary action, including dismissal. Two recent suspensions in the tertiary education sector have demonstrated that social media conduct is no longer shrouded by anonymity and […]
A recent Federal Court of Australia (‘FCA’) decision has somewhat clarified the application of the Australian Consumer Law to representations made to prospective employees designed to entice the employee into accepting an offer of employment. In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430, the FCA held that certain conduct […]