A recent decision of the Federal Court has reinforced the importance of employers following HR advice, properly investigating and documenting employee complaints and not taking adverse action against employees for making such complaints. Mr Benham Roohizadegan was summarily terminated by TechnologyOne Limited because he was allegedly unable to cooperate with his previous three managers, he [...]
The Fair Work Commission has taken into consideration the current work environment of COVID-19 in determining whether a dismissal was unfair. A Sales Executive was dismissed in April this year for allegedly failing to provide weekly sales reports, customer complaints, poor attitude and “demonstrated lack of respect” for management. The FWC found that a number [...]
In rejecting an application for an extension of time to lodge an unfair dismissal claim, Deputy President Asbury of the Fair Work Commission found it arguable that a childcare employer’s policy requiring mandatory flu vaccinations was lawful and reasonable in the context of its operations which principally involve the care of children, including children who [...]
On 26 November 2020, the High Court granted special leave to appeal the WorkPac v Rossato decision. It has been said the appeal will be one of the most important employment law decisions that the High Court has had to consider. The Rossato decision held that casual employees who worked regular and predictable shifts were [...]
In a recent case before the Federal Circuit Court, a judge has set penalties of $240,000.00 against a company and its director, for failing to pay a worker’s full wages, public holiday rates and an amount in lieu of untaken annual leave or superannuation. It was found the company also failed to issue the worker [...]
