Case Law - Employment Law Handbook (Page 18)

Case Law

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

Dismissed for falsifying a medical certificate

Inappropriate mass email can be a valid reason for dismissal

Seasonal employees don’t qualify for unfair dismissal claims

The Fair Work Commission cannot deal with disputes about discretionary workplace competitions

Right of entry permits must include middle names to be valid

Stop bullying orders may not be made if the employer has already taken steps to reduce the risk