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Case Archive

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.

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Date	#	Title
20/12/2002	165	Probation overshoot entitles employee to unfair dismissal action
20/12/2002	164	'Effective control' allowed directors to be joined to claim against company
20/12/2002	163	Full bench considers union bargaining fees clauses
18/12/2002	162	Employment conditions of contractor not maintained when business transferred back
18/12/2002	161	Nature of work decides award application: bench
17/12/2002	160	Severance pay entitlement extends to non-award employees
17/12/2002	159	Voluntary redundancy not managed fairly
16/12/2002	158	Stand-down application viewed as attempt to reduce award wages
16/12/2002	157	Requirement to work overtime reasonable but dismissal unfair
13/12/2002	156	Win for WA workers under collective agreements
13/12/2002	155	Fed unfair dismissal legislation provides default probation period
13/12/2002	154	Supreme Court (SA) agrees Greek minister an employee
13/12/2002	153	Reinstatements quashed as business case justified staff cut
12/12/2002	152	New coal mining classification structure may impact on super contributions
11/12/2002	151	AIRC orders safety net of fair minimum redundancy standards
11/12/2002	150	AIRC quashes finding of industrial dispute against Network Ten
10/12/2002	149	Working lunches adds up to overtime
10/12/2002	148	No credible evidence found of workplace assault or harassment
10/12/2002	147	Denial of superannuation made contract unfair
9/12/2002	146	AIRC must determine appropriate award before agreement is made
9/12/2002	145	Temporary employee fails to win reinstatement even though unfairly dismissed
9/12/2002	144	Allegedly deliberate loss of tender by employer not substantiated in dismissal case
6/12/2002	143	Bereavement leave for casuals and pay issues arbitrated for WA mining award
6/12/2002	142	AIRC refuses to certify multiple-business agreement
5/12/2002	141	Safety, efficiency interests override 'last on-first off' redundancy policy
4/12/2002	140	Fed award overrides contract
3/12/2002	139	Probationary employee wins unfair contract action (NSW)
3/12/2002	138	Reinstatement ordered so compensation recipients could access redundancy benefits
3/12/2002	137	AIRC clarifies 'true' employer in labour hire arrangement
2/12/2002	136	Employer fails to substantiate fixed-term contract
29/11/2002	135	Abusive employee fails in unfair dismissal claim
29/11/2002	134	Interim injunction brings union picket to a close
28/11/2002	133	Voluntary redundancy is not a dismissal
27/11/2002	132	Bullying serious, but did not justify summary dismissal
26/11/2002	131	Pursuing non-permit matter earns union organiser a suspension
26/11/2002	130	Casual building workers seek redundancy notice, consultation
25/11/2002	129	AIRC supports dismissal for 'joke gone wrong'
25/11/2002	128	Pro Rugby League player loses breach of contract case
22/11/2002	127	Denigrating employee followed unfair dismissal
22/11/2002	126	Government EEO agencies owed no duty of care to alleged harasser
21/11/2002	125	Employee entitlements transferred with lease
21/11/2002	124	Lodgment prior to close of employee ballot voided federal agreement
20/11/2002	123	Commercial contract interwoven with employment contract causes problems
19/11/2002	122	Employer's AIRC bid to block State enterprise order fails
18/11/2002	121	Order approved to prevent likely industrial action
15/11/2002	120	Demotion for breaching OHS procedure justified
14/11/2002	119	Work experience excludes right to wages
13/11/2002	118	AIRC can settle dispute over application of OHS clause in agreement
12/11/2002	117	Employer hit with $88,000 for sexual harassment
11/11/2002	116	Dismissals - guidance from courts and tribunals
11/11/2002	115	Length of service not given due weight in dismissal
8/11/2002	114	Discipline process failed to establish 'wilful' error
7/11/2002	113	No-disadvantage failure sends federal agreement back to square one
7/11/2002	112	Post-dismissal evidence justified dismissal
6/11/2002	111	Bag searches allowable if 'reasonable'
5/11/2002	110	Extension of time granted on appeal in unfair dismissal action
5/11/2002	109	Sexual harassment of fellow employee justified dismissal
4/11/2002	108	Interpretation of federal enterprise agreements confined to federal courts, tribunals
4/11/2002	107	Mt Thorley mine workers lose stay on case, costs
4/11/2002	106	Refusal to discuss theft allegations justified dismissal
31/10/2002	105	Damages claims for psychological injuries can be heard under unfair contracts jurisdiction (NSW)
31/10/2002	104	Federal agreement remains alive unless actively terminated or replaced
31/10/2002	103	Employer org members face back pay claims
30/10/2002	102	Contract of temp employment excluded from dismissals jurisdiction
30/10/2002	101	No special costs rules for federal discrimination cases
29/10/2002	100	Bakery franchises not common enterprise so single certified agreement refused
29/10/2002	99	What consultation means in redundancy situations
28/10/2002	98	Casual who wants to stay casual required to decide status
25/10/2002	97	Commission payments excluded from 'remuneration' for unfair dismissal purposes
24/10/2002	96	Incomplete arrangement was sufficient basis for unfair contracts jurisdiction (NSW)
23/10/2002	95	Skills audit not required in every redundancy
22/10/2002	94	Second probation period permitted in specific circumstances
21/10/2002	93	Telstra failed to prove employee stole phone so reinstatement ordered
18/10/2002	92	Risk management failure results in employee's death
17/10/2002	91	Failure to genuinely try to rehabilitate worker results in unfair dismissal finding
17/10/2002	90	New accountability standards for federal unions and employer organisations
16/10/2002	89	Refusal of redundancy swap made dismissal unfair
15/10/2002	88	Dismissal cases demonstrate the importance of evidence
14/10/2002	87	Dismissed employee victimised for age discrimination complaints
11/10/2002	86	Dismissal for health reasons during probationary period found discriminatory
11/10/2002	85	Dismissed employee victimised for age discrimination complaints
10/10/2002	84	Minimal negotiations 'imply' contract conditions
9/10/2002	83	Casual employment continued after sale of business
9/10/2002	82	AIRC has jurisdiction to arbitrate over severance pay
8/10/2002	81	Labour hire worker deemed employee despite contrary documentation
8/10/2002	80	'Ignominious' exit renders dismissal unfair
4/10/2002	79	Employee deserved benefit of doubt - reinstatement ordered
4/10/2002	78	High Court upholds block on federal arbitration
4/10/2002	77	Qld redundancy case to continue
4/10/2002	76	Labour hire worker deemed employee despite contrary documentation
4/10/2002	75	'Ignominious' exit renders dismissal unfair
3/10/2002	74	An enterprise agreement is meant for one employer, not many
2/10/2002	73	Investigation of non-work incident permitted
2/10/2002	72	An enterprise agreement is meant for one employer, not many
1/10/2002	71	Character of business activity is test for transmission of business
30/9/2002	70	Foreign crews found subject to Australian industrial law
27/9/2002	69	Bargaining agent's clause outside the employment relationship
26/9/2002	68	Unfair dismissal because redundancy was badly managed
25/9/2002	67	Bargaining fee provision stalls SA agreement's progress
24/9/2002	66	Employer ordered to pay for union official's commission attendance

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