Case Law - Employment Law Handbook (Page 2)

Case Law

FWC clarifies how to calculate the minimum employment period

Demotion found to be in response to poor performance in general protections claim

Delay enforcing post-employment restraint proves damaging

Company pleads guilty to breaching electrical safety obligations

General protections claim thrown out due to contractor status

Poorly drafted enterprise agreement results in back pay for former employee

Informal performance management is no substitute for formal disciplinary measures

Full Bench of the FWC upholds employer’s refusal of a flexible work arrangement

Out-of-the-blue dismissal of an accountant found to be unfair

Conduct of paid agents in unfair dismissal case under the microscope

Inaccurate communications sabotage an enterprise agreement approval process

General manager’s inappropriate out-of-hours conduct found to have constituted dismissal

Gifts of jewellery might constitute sexual harassment

Independent contractor found not to be an employee for superannuation purposes

Employer refuses an employee’s request to work from home full-time