Case Law - Employment Law Handbook (Page 19)

Case Law

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

Casual employee found to be entitled to annual leave

Employers must provide procedural fairness when dismissing an employee

Employers involved in sham contracting can be referred to the ASIC and ATO

Labour hire contracts can be frustrated

Restraints that are too broad cannot be enforced

Problems with set-off clauses for award-covered employees

What constitutes a workplace complaint?