Case Law - Employment Law Handbook (Page 18)

Case Law

Employer liability for criminal acts

Employee dishonesty can outweigh long service and a prior unblemished employment record

Dismissal may be appropriate where trust and confidence is broken

Terminating an expired enterprise agreement to assist bargaining

Refusing to employ a job applicant because of a medical condition

Unlawful industrial action costs each employee $1,000

Calculating annual rate of earnings to determine unfair dismissal eligibility

Obtaining right of entry for a reasonable suspicion of a breach of the WHS Act

Assessing whether an employee can perform the inherent requirements of a role

Underpayment claims when employees perform work outside their classifications

Access to external documents referred to in an enterprise agreement

Employees not yet covered by an enterprise agreement cannot vote to approve it

Email exchange results in an enforceable contract

General protection claim nets employee $1.2 million

Fair Work Ombudsman targeting franchisors