Case Law - Employment Law Handbook (Page 16)

Case Law

Poor disciplinary process results in unfair dismissal finding

Maximum term contracts aren’t what they used to be

A failure to follow a lawful direction may be reasonable

Compensation awarded for breach of casual conversion clause

What constitutes industrial action under the Fair Work Act?

Breaching a Fair Work Commission order can result in a prohibition on protected industrial action

Employees voting on an enterprise agreement must be representative of those covered by it

An employee’s reckless indifference to their health and safety obligations constitutes serious misconduct

Refusal of a request for annual leave must be reasonable

Careful handling of employee information is necessary to avoid legal action

Employers are not qualified to make findings on medical matters

Avoid text-messaging employees about important employment matters

Valid employment terminations do not breach general protections laws

Employment relationship represented as contractor relationship

Misrepresentations during a job interview may give rise to a claim for damages