News, Updates & Events

Paid Leave During Public Holidays – On leave or not?

A recent Full Federal Court of Australia (‘FCA’) decision has clarified the intention and scope of sections 89 and 98 of the Fair Work Act 2009 (Cth) (‘FW Act’), which ostensibly seek to preclude employers from deducting public holidays from annual leave or personal/carer’s leave balances, when such public holidays coincide with a period of paid annual […]

New Year, Shiny New Policies

workplace policies

Each workplace is unique. An effective workplace policy will ensure that its workplace policies and practices evolve with the organisation and its internal and external environment. That said, the reason for policies remains the same: to mitigate legal risks for the organisation and align its employees with the organisation’s expectations and procedures. For many human […]

Employer liable for Employee developing a psychiatric illness

employer liable for employee developing psychiatric illness

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 […]

Brisbane Businessman receives record $126,000 personal penalty for underpaying staff

industrial relations legal case

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 […]

Permanent Restraint for Former Employee Who Set Up Rival Business

employment law cases

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 […]

Beware: The Chameleonic Employment Policy

employment law cases supreme court nsw

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 […]

Procedural Fairness Paramount in Dismissal

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 […]