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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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2004
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1999 1998 1997 1996
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Displaying 1 - 100
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Date # Title
23/12/2004 334 AIRC directs secret ballot to decide collective agreement or AWAs
22/12/2004 333 Relocation of workplace justified redundancy entitlements
21/12/2004 332 Employee awarded unfair dismissal costs
20/12/2004 331 Unfair contracts - 'hands-on' role pivotal
17/12/2004 330 Dismissals round-up
16/12/2004 329 More than a breach of contract needed to win unfair contract claim
15/12/2004 328 Award/Agreement cases
14/12/2004 327 Discrimination - compensation for sexual harassment
13/12/2004 326 Sleeping on the job was serious misconduct
10/12/2004 325 Superannuation cases: lawful discrimination - unfair contract
9/12/2004 324 Dismissals justified despite extenuating circumstances
8/12/2004 323 Dismissals – case notes
7/12/2004 322 Mobile phones workplace ban: OHS reasons
6/12/2004 321 No error of law in dismissal decision
3/12/2004 320 'Anticipated' termination date did not make employment casual
2/12/2004 319 Restraint against working for competitor upheld on appeal
1/12/2004 318 Unfair dismissal but no compensation
30/11/2004 317 Reinstatement remedy for dismissal over union activities
29/11/2004 316 Permanent light duties – dismissal unjust
26/11/2004 315 Bonus as 'remuneration' - legal obligation to pay required
25/11/2004 314 Dismissal for offensive language stands
22/11/2004 313 Misjudging capacity for work insufficient to justify dismissal
19/11/2004 312 Annual leave cash-out in Qld agreements
18/11/2004 311 Actions causing safety risk end bargaining period
17/11/2004 310 Disloyalty and lack of cooperation — dismissals justified
16/11/2004 309 Rules discriminating against men have their place
15/11/2004 308 Telephone dismissal after assault of employer stands
12/11/2004 307 Supervisor allegedly harassed – dismissal too harsh
11/11/2004 306 Age discrimination implicit - large unfair dismissal fine
10/11/2004 305 Alleged admission of marijuana use – dismissal not justified
9/11/2004 304 'Pertaining to employment' - a narrower interpretation
8/11/2004 303 Misuse of credit card – dismissal not justified
5/11/2004 302 Flight attendant's discrimination claims – a win and a loss
4/11/2004 301 Credit card and mobile excluded: unfair contracts salary cap (NSW)
3/11/2004 300 Christmas holiday pay – working in round-the-clock industry
2/11/2004 299 Long-term employee wins dismissal battle over alcohol breach
1/11/2004 298 Wages and conditions cases – nightshift, custom, ordinary time
29/10/2004 297 Notice and redundancy aspects fair – long service leave unfair
28/10/2004 296 Partner & ABN – but not independent contractor
27/10/2004 295 Dismissal cases – round-up
26/10/2004 294 Employee notice may be given 'up to an instant' before lockout begins
25/10/2004 293 'Pertaining to employment' - a wider interpretation
22/10/2004 292 Underpaid wages - security company must pay over $100,000
21/10/2004 291 Employee protected against solicitors' threats
20/10/2004 290 Poorly managed demotion was a dismissal
19/10/2004 289 Reinstatement stands - appealable error absent
18/10/2004 288 Qld unfair dismissal jurisdiction - federal agreement employee
15/10/2004 287 Long-term Vic casuals win jury service leave
14/10/2004 286 Industrial inspectors must specify purpose when seeking records
13/10/2004 285 Dismissal – sound evidence needed
12/10/2004 284 Training relationship irrevocably broken down
11/10/2004 283 Refusal of part-time work after maternity leave held discriminatory
8/10/2004 282 Public interest did not block termination of certified agreement
7/10/2004 281 Electrolux saga:'employment related' being
6/10/2004 280 Unfair contracts and discrimination cases
5/10/2004 279 Agreement cases
1/10/2004 278 Reality check allows potential high-earner to pursue claim
30/9/2004 277 Industrial dispute cases
29/9/2004 276 Employment contract cases
28/9/2004 275 Unfair dismissals - case notes
27/9/2004 274 AIRC: Consultation not the same as co-determination
24/9/2004 273 Employer fined $16,000 for not hiring unfit miner
23/9/2004 272 NSW Police Commissioner slammed for backflip on trainee disability
22/9/2004 271 Approach to assessing compensation for unfair dismissal
22/9/2004 270 Employer withdraws but agreement still capable of certification
21/9/2004 269 Unfair contracts $200,000 salary limit applies from 24/6/2002
20/9/2004 268 Employee on maternity leave awarded $26,750 for discrimination
17/9/2004 267 Dismissals – notes for employers
16/9/2004 266 'Odco' system excluded employment relationship
15/9/2004 265 Proposed roster not the product of 'genuine' bargaining
14/9/2004 264 Staffing changes unreasonable and onerous
13/9/2004 263 Right of entry: AIRC proposes commonsense rather than conditions
10/9/2004 262 NSW unfair contracts law excluded by federal coverage
10/9/2004 261 Cigarette breaks do not make a crib break
10/9/2004 260 Dismissal was not appropriate penalty
9/9/2004 259 Abusive employee not given a 'fair go'
8/9/2004 258 Discrimination cases round-up
8/9/2004 257 Redundancy cases – full-time to part-time
7/9/2004 256 Overpaid sick leave not recovered by employer
7/9/2004 255 Contractual rights – no second guesses
6/9/2004 254 Random drug test appeal arguable, but dismissed
3/9/2004 253 Paid maternity leave but no paid paternity leave - not discriminatory
3/9/2004 252 Federal enterprise bargaining dispute issues limited by High Court
2/9/2004 251 Unwritten redundancy practice an implied term of contract
2/9/2004 250 High Court finds federal protected action confined by employment relationship
1/9/2004 249 Reshuffling responsibilities can terminate a contract of employment
31/8/2004 248 NSW police fined for neglecting sexual harassment
30/8/2004 247 Salary variations and underpayments
27/8/2004 246 Agreements: case notes
26/8/2004 245 Cleaning contractors score victory in battle for redundancy pay
25/8/2004 244 Contract cases
24/8/2004 243 Dismissals round-up
23/8/2004 242 Health and safety case notes
23/8/2004 241 Employee awarded $15,000 after employer over-reacts to illness
20/8/2004 240 Clear work connection for NSW unfair contract claim confirmed
20/8/2004 239 Unreasonable loss of trust and confidence in employee
19/8/2004 238 AIRC approves Victorian common rule test case awards and principles
18/8/2004 237 HREOC's failure to investigate age complaint not discrimination
17/8/2004 236 Employee acts to recover overaward payments, superannuation and loss of vehicle: NSW
16/8/2004 235 Mineworkers fail to prove restructure rendered contracts unfair

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