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Cases
All legal cases reported regularly on WorkplaceInfo are stored in this Cases archive and are listed in date order. 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 (located at the top right hand corner of your screen).
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Worker was an employee, despite invoicing the employer
Even though a worker was paid by invoicing her employer, she was not an independent contractor because there were clear indicators of an employment relationship, FWA has found.
It’s when you start work that counts, not when you arrive
16 May 2012
It was lawful and reasonable for an employer to record an employee’s work start time as the time she logged onto her computer, not when she arrived at the building.
Near-maximum penalties for termination ‘sham’
14 May 2012
A company has been fined $96,000, and one of its managers $19,200, for ‘serious and intentional’ breaches of the law and an award covering termination payments to employees.
Employer response to action can be ‘disproportionate’: Court
11 May 2012
The Federal Court has ruled that employer response to industrial action does not have to be ‘proportionate’, merely causally connected to the action.
Security officer attacked, but then dismissed for assault
10 May 2012
A security officer has been compensated for his psychological injury arising after his dismissal for restraining a violent patient.
Qantas grounded by successful adverse action claim
9 May 2012
Qantas has lost an appeal against a decision that it took adverse action against an employee who attempted to use the dispute resolution clause of his enterprise agreement.
High Court upholds new FW Act registration provision
8 May 2012
A union that represents school and college principals in Victoria and South Australia survived a challenge from another union when the High Court found s26A of the Fair Work (Registered Organisations) Act 2009 to be valid.
Not disloyal to contact a dismissed employee
7 May 2012
An architect’s dismissal for assisting a dismissed former work colleague was harsh, unjust and unreasonable.
