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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.
 
Note: If you are viewing this archive as part of a trial subscription, you will only see cases published during the period of your trial.

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2003
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Date # Title
23/12/2003 538 Employee challenges termination, then employer challenges return to work
22/12/2003 537 Dismissals round-up
19/12/2003 536 Email exchange creates confusion over dismissal
19/12/2003 535 Employer fined for paying striking employees
18/12/2003 534 NSW IRC withdraws from battle over commercial contracts territory
17/12/2003 533 SA retailers granted interim award pending review of Sunday trading
17/12/2003 532 Awards and agreements round-up
16/12/2003 531 Refusal to grant part-time work after maternity leave held non-discriminatory
16/12/2003 530 Breach of hygiene rules justified dismissal
15/12/2003 529 Redundant seasonal workers treated fairly
15/12/2003 528 Terms of settlement resolved despite absence of certificate from NSW IRC
12/12/2003 527 Regular and systematic roster rules out casual status
12/12/2003 526 Deed of release given broad interpretation
11/12/2003 525 Casual status determined by agreement, not award
11/12/2003 524 No additional pay in lieu of notice when made redundant
10/12/2003 523 Discrimination in dismissing partner
10/12/2003 522 Non-government schools - Greenfields for labour-hire
9/12/2003 521 Vic shop workers win double time to 'compensate' for Sunday work
8/12/2003 520 No additional payment for accrued RDOs while employees on workers comp
8/12/2003 519 Dismissals round-up
5/12/2003 518 BHP criticised for failing to apply for clear dispute order
5/12/2003 517 Claims deemed genuine despite bid to engage AIRC jurisdiction
4/12/2003 516 Dismissals round-up
3/12/2003 515 TWU wins four-hour minimum for part-time workers
3/12/2003 514 Unfair contracts updte: contempt and damages
3/12/2003 513 Court costs quadruple price of discrimination
2/12/2003 512 Victimisation allegations not substantiated
2/12/2003 511 Salary sacrificed super excluded from workers comp payments
1/12/2003 510 Partner/worker was entitled under unfair contract ruling
1/12/2003 509 AIRC orders Electrolux to reimburse workers for retooling stand-down
28/11/2003 508 AIRC powers pending resolution of disputes confirmed
28/11/2003 507 Dismissals round-up
27/11/2003 506 Red light for CPSU attempts to extend police agreement to outsourcer
27/11/2003 505 Damages awarded for discrimination on grounds of mental illness
26/11/2003 504 Payment recommended for down time - hygiene issue
26/11/2003 503 Court to decide total disablement in superannuation dispute
25/11/2003 502 Council's failure to consult on new spread of hours 'no small thing'
25/11/2003 501 AIRC is not a court
24/11/2003 500 AIRC orders Woolworths to compromise on public holiday pay cap
24/11/2003 499 Delay in granting 2003 safety net endorsed - farm workers may have to wait
21/11/2003 498 Dismissals round-up
21/11/2003 497 Disability discrimination did not protect person displaying violent behaviour
20/11/2003 496 South Sydney Council cleared of 'homophobic vendetta'
20/11/2003 495 Federal and State awards with similar coverage can apply to an employer
19/11/2003 494 Client business made party in labour-hire dispute
19/11/2003 493 School cleaner found to be contractor
19/11/2003 492 Reversion to award and loss of severance pay benefits not contrary to public interest
18/11/2003 491 NSW unfair contracts explored
18/11/2003 490 Compulsory drug testing by urine sample endorsed
17/11/2003 489 Company appeal fails despite errors in dismissal decision
17/11/2003 488 Dismissals round-up
14/11/2003 487 Contract requiring 24 hours service found not unfair
14/11/2003 486 AIRC overlooks no-disadvantage test as short-term expedient
14/11/2003 485 Alleged labour hire worker held employee of client company
13/11/2003 484 University of WA wins frustration argument - certified agreement did not apply
13/11/2003 483 Right of entry upheld on appeal
12/11/2003 482 Stop order made against TWU
12/11/2003 481 Change in work requirements: constructive dismissal and damages
11/11/2003 480 Cases on time and wages
11/11/2003 479 AIRC sympathises with employees' lacklustre response to agreement
10/11/2003 478 Call centre worker fails to show extended probation period unreasonable
10/11/2003 477 Meat union refused leave to intervene in Woolies agreement
7/11/2003 476 Refusal to let employee perform work is industrial action
7/11/2003 475 Solid evidence needed to support termination for misconduct
6/11/2003 474 Dismissals round-up
5/11/2003 473 Agreements cases round-up
4/11/2003 472 Telstra employees vote CPSU out of lunchroom
3/11/2003 471 AIRC asserts wide scope for agreement matters
3/11/2003 470 Medical professor reinstated to prevent “irreparable damage"
31/10/2003 469 Executive's termination benefits did not carry-over to new contract
31/10/2003 468 School board dismissal criticised for procedural unfairness
30/10/2003 467 Good faith bargaining obligation not part of Federal legislation
30/10/2003 466 Telephone canvassers under NSW clerks award
29/10/2003 465 Remuneration cut-off for unfair dismissals and assessing the value of a car
29/10/2003 464 Dismissals round-up
28/10/2003 463 Employee's failure to take meal breaks 'on his own head'
28/10/2003 462 Union stays attached to Telstra work
27/10/2003 461 Dismissal did not become resignation
27/10/2003 460 AIRC industrial dispute powers extend to private arbitration
24/10/2003 459 Union cases round-up
23/10/2003 458 Executive failed in redundancy pay claim - no contractual provision
23/10/2003 457 Shiftwork did not become overtime
22/10/2003 456 Tas roadworkers win option of voluntary redundancy
21/10/2003 455 AIRC certifies agreement amended after majority approval
21/10/2003 454 Union 'fishing expedition' prompts AIRC to investigate abuse of right of entry
20/10/2003 453 Meal break held to be compulsory
20/10/2003 452 Case notes - Courts & Tribunals
17/10/2003 451 Award bars employment of subcontractors on conditions less favourable than award
16/10/2003 450 Absence of commencement date did not invalidate employment contract
15/10/2003 449 Contracts litigated
14/10/2003 448 Settled dismissal case could not be re-opened
14/10/2003 447 Redundant employees given access to entitlements - shelf company employer sidestepped
13/10/2003 446 Agreement and award cases round-up
13/10/2003 445 Failure to consider status of role costs $10,000 in sex discrimination ruling
10/10/2003 444 Dismissals round-up
9/10/2003 443 Wage claims cases round-up
8/10/2003 442 CFMEU fails to overturn ban on industrial action
8/10/2003 441 Humiliation of discrimination complainant costs council $4,000
7/10/2003 440 Compensation consequences for casual having no ordinary hours
7/10/2003 439 Agreement cases round-up

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