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Cases
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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Complaints against managers not relevant to dismissal
The Federal Magistrates Court of Australia has confirmed the dismissal of an employee because he failed to build and sustain key relationships with stakeholders. He had not been dismissed because he had made complaints against some of his managers.
Dismissals — cases wrap, 22/02/12
22 February 2012
These notes on a collection of cases from Fair Work Australia on dismissal matters cover a range of issues.
Falsified medical certificate — dismissal not unfair
21 February 2012
A bank employee’s dismissal has been found to be fair because she had falsified a medical certificate and made dishonest claims about it. Assertions of bullying could not be substantiated.
‘Single business’ agreements under WR Act: High Ct ruling
17 February 2012
A number of currently operating agreements made under the predecessor to the Fair Work Act, the Workplace Relations Act, may be invalid following a recent High Court ruling.
Harassed employee with PTSD was unfairly dismissed
15 February 2012
The dismissal of a woman with PTSD, who felt she was being harassed, has been found to be unfair, and she has been awarded the equivalent of six months pay as compensation.
Own ABN, no leave, no super — not an employee
13 February 2012
The applicant was found not to be an employee but, instead, a contractor–principal relationship existed, and was hence not protected from unfair dismissal under s382 of the Fair Work Act 2009.
Sacking over pregnancy ‘strikes at heart of protections’: court
10 February 2012
The actions of the owners of a childcare centre in dismissing a pregnant employee ‘strike at the heart’ of the protections afforded to employees by the FW Act, a Federal Magistrate has ruled.
Genuine redundancy not adverse action
10 February 2012
A worker was not dismissed because of his work-related injury. Rather, the Federal Magistrates Court was satisfied that the employer had ‘sound operation reasons’ for making him redundant, including the fact that the worker’s position has become unprofitable.
