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 |
| 3/9/2010 |
230 |
Employer committed to ‘scope’ of union’s proposed agreement |
| 3/9/2010 |
229 |
Sexual comments not directed at employee |
| 3/9/2010 |
228 |
‘Non-negotiable’ policy led to harsh dismissal |
| 3/9/2010 |
227 |
Charity set manager up to fail |
| 2/9/2010 |
226 |
Dismissal for shift refusal was valid |
| 2/9/2010 |
225 |
Sugar mill strikes halted to protect North Queensland economy |
| 1/9/2010 |
224 |
Underpayments earn fines for NSW employers |
| 31/8/2010 |
223 |
Boss’s unrequited love triggered sacking |
| 31/8/2010 |
222 |
Depression valid reason for late claim |
| 31/8/2010 |
221 |
John Holland fails in bid to extend greenfields ‘no strike’ deal |
| 30/8/2010 |
220 |
Manager’s claim he was directed to fix prices fails in court |
| 30/8/2010 |
219 |
CEPU earns right to bargain for ‘fairly chosen’ workers |
| 30/8/2010 |
218 |
Negotiations ‘not easy’, so union wins bargaining order |
| 27/8/2010 |
217 |
FWA protects ‘status quo’, expired agreements remain |
| 27/8/2010 |
216 |
Taxing appeal process fails to get worker reinstated |
| 26/8/2010 |
215 |
Sacked for failing to follow new spending rule |
| 25/8/2010 |
214 |
Ultimatum forced manager to resign: FWA |
| 25/8/2010 |
213 |
‘Go slow’ workers ordered to speed up, but union not to blame |
| 24/8/2010 |
212 |
Union deliberately obstructs work but Court says genuine safety concern |
| 24/8/2010 |
211 |
No time extension for snail-mail lodgement |
| 23/8/2010 |
210 |
Office worker’s internet use justified the sack |
| 23/8/2010 |
209 |
Traumatised bushfire survivor was 'pressured' to work |
| 23/8/2010 |
208 |
Vaccuum hose worker can appeal to High Court |
| 18/8/2010 |
207 |
Redundancy, after negative remarks, was genuine |
| 17/8/2010 |
206 |
HIV worker victimised for late-payment complaint |
| 17/8/2010 |
205 |
Dismissal exclusion for fixed-term workers unchanged |
| 12/8/2010 |
204 |
Company right to accept hostile resignation |
| 12/8/2010 |
203 |
Husband too involved to be worker's legal counsel |
| 11/8/2010 |
202 |
FWA rules sole redundancy was genuine |
| 10/8/2010 |
201 |
Dismissal during ‘temper tantrum’ was unfair |
| 9/8/2010 |
200 |
Impact of restraint clause moderated by court |
| 6/8/2010 |
199 |
Despite elements of contactor relationship, unfair dismissal available |
| 6/8/2010 |
198 |
Christmas break no excuse for late, unfair dismissal claim |
| 6/8/2010 |
197 |
‘Dubious’ selection process, but redundancy stands |
| 4/8/2010 |
196 |
Flawed investigation reverses valid safety sacking |
| 4/8/2010 |
195 |
Court reinstates policewoman, while drug inquiry continues |
| 30/7/2010 |
194 |
One-month suspension as alternative to dismissal was not ‘adverse action’ |
| 29/7/2010 |
193 |
Record payout for sexual harassment upheld |
| 28/7/2010 |
192 |
Worker allowed to opt out of weekend roster — unfair dismissal |
| 28/7/2010 |
191 |
Employer’s reinstatement appeal refused on public interest grounds |
| 28/7/2010 |
190 |
Right of entry, hindrance — subjective opinion |
| 27/7/2010 |
189 |
Redundant and not redeployed — no obligation on employer |
| 27/7/2010 |
188 |
Bullying claim not substantiated by evidence |
| 26/7/2010 |
187 |
Company director fined over underpayments |
| 26/7/2010 |
186 |
Not suitable alternative employment with pay reduction |
| 23/7/2010 |
185 |
Employee wins safety warning removal |
| 23/7/2010 |
184 |
McDonald’s deal advantages employees ‘on balance’, rules Full Bench |
| 22/7/2010 |
183 |
Incapacity to perform inherent requirements — reasons for dismissal |
| 22/7/2010 |
182 |
Chubb’s sacking of guard after scuffle was fair |
| 22/7/2010 |
181 |
Attitude not careless, so dismissal unfair |
| 21/7/2010 |
180 |
Pay loadings to cover unpaid leave did not comply with NES |
| 20/7/2010 |
179 |
Manager fairly dismissed for bullying former employee |
| 20/7/2010 |
178 |
One six-hour meeting not enough for ‘genuine’ bargaining: FWA |
| 19/7/2010 |
177 |
Employer’s directive — not a ‘stand-down’ |
| 19/7/2010 |
176 |
Expert opinion uncovered racist graffiti culprit |
| 16/7/2010 |
175 |
FWA rejects ‘opt out’ clause as not consistent with Act |
| 15/7/2010 |
174 |
Threats against underpaid worker ‘strike at heart of workplace laws’ |
| 15/7/2010 |
173 |
Large employer allowed to use external lawyer in dismissal case |
| 15/7/2010 |
172 |
Service not transferred: dismissal and qualifying period |
| 14/7/2010 |
171 |
$24k payout for young worker over age discrimination |
| 14/7/2010 |
170 |
FWA Cmr rejects bias allegation, gives NRA 7 days to answer questions |
| 13/7/2010 |
169 |
$8800 fine for assault by union official |
| 13/7/2010 |
168 |
Retail casuals’ minimum hours stay at three |
| 13/7/2010 |
167 |
Return to work mismanaged — depression aggravated |
| 12/7/2010 |
166 |
‘Error’ in offer letter not enough for dismissal claim |
| 9/7/2010 |
165 |
Dismissal rushed ahead of new IR laws |
| 9/7/2010 |
164 |
OHS order not granted to allegedly bullied worker |
| 8/7/2010 |
163 |
Award of 10 days pay to sex offender ‘not common sense’ |
| 7/7/2010 |
162 |
Truck drivers awarded $125,000 over ‘unfair’ contract |
| 5/7/2010 |
161 |
Judge warns of ‘industrial anarchy’, fines Qld Rail $660,000 |
| 28/6/2010 |
160 |
Long service mitigates safety breach: FWA |
| 28/6/2010 |
159 |
Wage entitlements clarified by FWA: overtime; absorption |
| 28/6/2010 |
158 |
Offensive bullying earns demotion |
| 24/6/2010 |
157 |
Genuine redundancies in construction ‘difficult’ to prove: FWA |
| 24/6/2010 |
156 |
Incidental jurisdiction allows court to resolve associated non-industrial matters |
| 23/6/2010 |
155 |
Failure to report damage was sackable offence |
| 23/6/2010 |
154 |
Harassment claim fails despite some unreasonable management ‘omissions’ |
| 23/6/2010 |
153 |
Lock-out kills chance for cooling-off period, rules FWA |
| 22/6/2010 |
152 |
Dismissed over union activities — reinstated by Federal Court |
| 21/6/2010 |
151 |
Psychiatric injury from witnessing trauma: High Court |
| 21/6/2010 |
150 |
Worker getting less, but earning more |
| 21/6/2010 |
149 |
Requiring contractors to have union agreements not enforceable: FWA reasons |
| 18/6/2010 |
148 |
SMS ‘not sufficient’ to direct workers to agreement: FWA |
| 17/6/2010 |
147 |
Dismissal without hearing explanation unfair |
| 15/6/2010 |
146 |
Union right of entry ‘by invitation’ quashed by Full Bench |
| 15/6/2010 |
145 |
Union fails to get independent agent to run ‘next day’ ballot |
| 10/6/2010 |
144 |
Unblemished record fails to save job after fight |
| 10/6/2010 |
143 |
Deed released employer from discrimination claim |
| 9/6/2010 |
142 |
Union must keep CBA wage offers secret, rules FWA |
| 8/6/2010 |
141 |
Traffic firm refused appeal over rival’s agreement |
| 7/6/2010 |
140 |
Annual Wage Review 2010: key points |
| 4/6/2010 |
139 |
Employee made to pay bond to pursue discrimination complaint |
| 4/6/2010 |
138 |
Attempted kiss earns sacked worker $10k |
| 2/6/2010 |
137 |
Inherent requirements of job and unfair dismissal: FWA |
| 2/6/2010 |
136 |
‘Reprehensible’ cleaning firm must pay union $11,000 |
| 1/6/2010 |
135 |
Fine for threats over pay |
| 1/6/2010 |
134 |
Attempt to keep enterprise award rejected by FWA |
| 31/5/2010 |
133 |
Modern award loophole closed by FWA — state referrals |
| 28/5/2010 |
132 |
Court stops directors from joining rival company |
| 26/5/2010 |
131 |
News editor wins $580k unfair-dismissal payout |
