In a recent decision of the Federal Court of Australia (‘FCA’) [1] the Full Bench of the FCA held that BHP Coal (‘the Defendant’) was entitled to dismiss a boilermaker (‘the Employee’) who refused to attend a company ordered medical appointment, which was intended to assess his fitness to return to work. In 2011 the […]
New Year, Shiny New 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 […]
Remember to dot the I’s and cross the T’s
Two recent decisions of the FWC have once again highlighted the importance of strict adherence to the requirements in FWC forms, particularly those pertaining to bargaining for and approval of an enterprise agreement (‘EA’). In Uniline Australia Limited [2016], the Full Bench declined to approve the EA on the basis of the deficient Notice of […]
Employer liable for Employee developing a 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
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
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
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 […]
Beware: Unlawful Adverse Action against Employee Proves Costly
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 […]
‘Hard Bargaining’ Employee Pays Costs
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. Mr Ferry was dismissed form his position of Yard Manager […]