Case Law - Employment Law Handbook (Page 16)

Case Law

Sexual harassment outweighs procedural fairness in dismissal

Disciplinary action must be proportionate to misconduct

Misconduct leads to denial of compensation claim

Financial penalties can be paid by individuals

Uber driver determined to be a contractor, not an employee

Extension of time applications are worth challenging

Care is required when placing employees on gardening leave

Representations made during the recruitment process can result in litigation

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