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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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Damages awarded after poaching clients
A chartered accountant has been ordered to pay more than $100,000 in damages to his former employer, after he solicited clients using confidential information.
Agreements — case notes, 02/02/12
2 February 2012
Fair Work Australia consistently makes rulings on contentious issues involving enterprise agreements. Here are four cases covering various issues.
Equal Remuneration Case 01/02/12 — increases granted
1 February 2012
A Full Bench majority of Fair Work Australia (4:1) has granted wage increases of between 19 and 41 per cent, to be phased in over 2012 to 2020 to a large number of community sector workers.
‘Unwelcome touching’ costs boss $12,000
1 February 2012
A girl who as a 15-year-old in her first job repeatedly had her bottom squeezed and pinched by the male owner-operator of a fast-food store has been awarded $12,000 in compensation.
‘Unions can compete for coverage’ rules FWA
1 February 2012
A Full Bench of Fair Work Australia ruled in favour of union competition when it rejected an SDA attempt to exclude the NUW from representing over a thousand workers at Woolworths' Brisbane distribution centre.
Reason for dismissal must be clear: FWA
31 January 2012
Fair Work Australia has emphasised employers must make their reasons for dismissing an employee ‘absolutely clear’, in upholding the sacking of a safety manager.
Engine damage justified dismissal
30 January 2012
Fair Work Australia found that the employer fairly terminated the technician’s employment on 3 August 2011 because of damage caused to an aircraft engine and because of his failure to provide an accurate account of the incident.
Dismissal justified — neglect of safety duties
27 January 2012
A long-haul driver who neglected to carry out his paid safety duties ‘out of malice’ to a co-worker has had his unfair dismissal claim rejected by Fair Work Australia.
