Case Law - Employment Law Handbook

Case Law

Excessive mobile phone use at work could be cause for dismissal

Psychologist determined to be independent contractor, not employee

RSPCA Queensland enters into enforceable undertaking following underpayments totalling over $4 million

Company and director land in court over mining accident

Zero tolerance for positive drug tests will be unfair if the punishment does not fit the crime

Fair Work Act sexual harassment prohibition tested by the Courts

Director’s refusal to cooperate with safety inspector results in personal fine

High bar for use of facial recognition technology

Disclosure of workplace investigation report ordered

Regular casual employees must be advised of employment termination

Manufacturer prosecuted for employee’s bullying of apprentice

FWC takes restrictive view on employer’s right to unilaterally change part-time work agreements

Flexible work arrangements can be inconsistent with terms of enterprise agreements

Is a role with reduced hours and responsibilities an acceptable alternative for redeployment?

Practical reality test finds worker is an employee