All legal cases reported in the Daily Digest are stored in this cases archive. Case reports provide updates on key case law developments relating to HR/IR in the workplace.
The cases archive is fully searchable by keywords, industry and jurisdiction via the search facility.
| Date |
# |
Title |
| 11/3/2010 |
63 |
Reasonable to accept angry resignation: FWA |
| 10/3/2010 |
62 |
Unreasonable punitive action caused psychological symptoms |
| 10/3/2010 |
61 |
High Court finds particular asbestos–cancer nexus ‘improbable’ |
| 9/3/2010 |
60 |
Scope of agreement can be contested in course of bargaining |
| 9/3/2010 |
59 |
HR unaware of back pain, redundancy fair |
| 8/3/2010 |
58 |
First FWA scope order — promotes fair and efficient bargaining |
| 8/3/2010 |
57 |
Sacking not connected to OHS complaint |
| 5/3/2010 |
56 |
Dismissed for wilful asbestos exposure, not OHS complaint |
| 5/3/2010 |
55 |
Diabetic manager fails to prove discrimination |
| 4/3/2010 |
54 |
Usual transfer of business arrangements not applicable: FWA |
| 4/3/2010 |
53 |
Discriminated ‘asthma’ cop awarded $11k for lost promotion |
| 3/3/2010 |
52 |
Repeated poor performance triggered dismissal |
| 3/3/2010 |
51 |
Bona fide reason can be ‘exceptional’ — unfair dismissal time extension |
| 2/3/2010 |
50 |
Senior manager 'carelessly complicit' in bullying |
| 2/3/2010 |
49 |
Fraud conviction no reason to revoke entry permit: FWA |
| 1/3/2010 |
48 |
Judge declines $110,000 fines ‘deal’ between ABCC and unions |
| 1/3/2010 |
47 |
Flexibility within agreement may vary effect of agreement |
| 1/3/2010 |
46 |
Compulsory arbitration not required in agreement dispute resolution: Woolworths wins appeal |
| 26/2/2010 |
45 |
Workplace renovation caused asthma: AAT |
| 26/2/2010 |
44 |
Worker ‘endlessly’ disciplined for misconduct, agreement breached |
| 25/2/2010 |
43 |
Ex-employees banned from confidential data use |
| 25/2/2010 |
42 |
Management blunders meant sack for stealing ‘unreasonable’ |
| 24/2/2010 |
41 |
$6600 for pregnant woman made redundant after move to part-time work |
| 23/2/2010 |
40 |
Compo granted for unsupportive boss |
| 22/2/2010 |
39 |
Fired for safety misconduct, reinstated by FWA for family’s sake |
| 19/2/2010 |
38 |
Employer’s lawyer can argue jurisdictional matters in unfair dismissal case: FWA |
| 19/2/2010 |
37 |
Agreements wrap — winners and losers |
| 18/2/2010 |
36 |
OHS manager cleared of bullying, anonymity also denied |
| 17/2/2010 |
35 |
‘Spin’ is okay in robust enterprise negotiations, says FWA |
| 17/2/2010 |
34 |
Bullying victim awarded over $500k by NSW District Court |
| 15/2/2010 |
33 |
‘Antagonistic’ employee refused to recognise safety protocol |
| 11/2/2010 |
32 |
Lawyer wins restraint of trade case — can work for new law firm |
| 9/2/2010 |
31 |
Equipment lost — dismissal complied with code |
| 8/2/2010 |
30 |
Policy flexibility for employer to change allowances, etc, stalls agreement |
| 5/2/2010 |
29 |
Fishing-trip injuries found compensable |
| 5/2/2010 |
28 |
‘Unlawful’ log of claims can’t stop bargaining, says FWA |
| 4/2/2010 |
27 |
Tell employers how accident could have been prevented, says High Court |
| 4/2/2010 |
26 |
'Temporary upset' following dismissal not enough for compo |
| 3/2/2010 |
25 |
High Court overturns ‘reverse onus of proof’ case |
| 3/2/2010 |
24 |
Union error accepted for late claim |
| 1/2/2010 |
23 |
Drug sacking was 'premature', FWA finds |
| 1/2/2010 |
22 |
Workmates' help gets worker with hernia his job back |
| 1/2/2010 |
21 |
Redundancy not a sham, so bullying claim 'irrelevant' |
| 1/2/2010 |
20 |
Union miscounts number of employees, fails to get FWA order |
| 29/1/2010 |
19 |
Not genuine redundancy despite some jobs disappearing |
| 27/1/2010 |
18 |
Aust Post secret ballot granted after epic battle |
| 25/1/2010 |
17 |
FWA bans dispute clause that doesn’t settle disputes |
| 25/1/2010 |
16 |
Payslip proves parent company is employer |
| 22/1/2010 |
15 |
Jumping the queue not a sackable offence |
| 22/1/2010 |
14 |
Failure to seek alternative job 'excusable' |
| 22/1/2010 |
13 |
‘Hostile’ employer has to pay $60,000 fine to union |
| 21/1/2010 |
12 |
Agreement petition lacked ‘integrity’, claims company |
| 21/1/2010 |
11 |
FWA clarifies ‘minimum employment period’ re dismissals |
| 20/1/2010 |
10 |
FWA orders secret ballot, but removes OHS questions |
| 20/1/2010 |
9 |
Colleague massage requests not sexual: Tribunal |
| 20/1/2010 |
8 |
‘Highly resistant’ miner forced to bargain with CFMEU |
| 19/1/2010 |
7 |
FWA blocks vote after company sets scope of agreement |
| 18/1/2010 |
6 |
Rejection of bullying claim without HR inquiry ‘beyond belief’ |
| 18/1/2010 |
5 |
Overtime rates of pay not easily avoided in agreement clauses |
| 18/1/2010 |
4 |
Award sacrificed, agreements refused, no-disadvantage test breached |
| 15/1/2010 |
3 |
Reasonable opportunity to consider agreement — not necessarily a meeting |
| 15/1/2010 |
2 |
Employer fined $2000 over ‘shirt lifter’ jibes |
| 11/1/2010 |
1 |
Complaint goes ahead despite deed of release |
