Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at the initiative of the employer. Prior to the decision of the Full Bench of the Fair Work Commission in Saeid Khayam v...
Latest news The latest Annual Report released by the Fair Work Commission has revealed that in the last 12 months there has been an upwards trend in general protections (involving dismissal) applications, with a 14% increase in this type of claim from 2015-2016. Out...
Latest news The McGowan government has introduced amendments to the Occupational Safety & Health Act 1984 (WA) to increase penalties for offences under the Act. The significant increases are aimed at ensuring that penalties better reflect the importance of a safe...
Latest decisions The Fair Work Commission, which found that an employee’s dismissal was not a genuine redundancy, has ordered to have the employee reinstated back into his former job (or an equivalent position) despite the employer opposing such an order on the basis...
Mr Anthony Loone was the Managing Principal of the Launceston arm of Crowe Horwath (Aust) Pty Ltd (CHA). Mr Loone’s contract contained a term that provided for the payment of a bonus. The relevant clause of the contract provided that: “The bonus you may be eligible...
We summarise below the key changes to the FW Act that may impact on you or your business: Higher penalties The maximum penalties for civil remedy provisions of the FW Act have now increased tenfold. An employer who seriously contravenes their obligations under...
Recent News On 4 September 2017, the Senate voted to expanded the Fair Work Ombudsman's investigative powers, while imposing limits on the types of matters it can examine. The Opposition’s amendments to the Fair Work Amendment (Protecting Vulnerable Workers) Bill...
The employee made multiple bullying allegations covering a period of approximately 3 years. Amongst those allegations she claimed that: the first day she met the manager that the manager yelled and screamed at her in the office; she was detained against her will when...
1. Latest decisions Disciplinary meeting attendance a must The Federal Court of Australia has held that failure to attend a disciplinary meeting amounted to repudiation of a dentist’s employment contract. The contract contained a clause to “obey the reasonable...
Two ex-employees of the appellant Lifeplan, a company engaged in the business of fund management and the provision of investment products including funeral bonds and pre-paid funeral products, joined Foresters, another friendly society in late 2010. Foresters’...