News Feed
Employees given ammunition to challenge redundancy
A recent decision of the Full Bench of the Fair Work Commission (the Commission) confirms that when considering if a redundancy was a genuine redundancy, the Commission may make an order requiring an employer to produce documents evidencing that there were no redeployment opportunities with the employer or an associated entity of the employer. Background Six employees lodged unfair dismissal claims following the termination of their employment for reasons of redundancy from Clermont Coal Operations Pty Ltd (Clermont). The employees through the union, challenged the dismissals on the basis they were not genuine redundancies under the Fair Work Act 2009 (Cth) (the Act), as it was reasonable in all the circumstances to redeploy the employees within Clermont or an associated entity of Clermont, where contractors or the employees of contractors worked. The union sought orders that Clermont and a number of its associated entities produce documents relati...
1 May 2015Decision sends warning to employees pursuing unmeritorious claims
The Federal Circuit Court recently made a costs order to the total of $150,000 (including indemnity costs), against an ex-employee who pursued an unmeritorious discrimination claim against her employer. Background The employee was engaged as a full time software engineer for IBM Australia Limited (IBM). In July 2008, the employee commenced maternity leave, following which she returned to work. It was agreed with IBM, that the employee would work part time, 20 hours week from home on a flexible basis. In about March 2010, IBM became concerned with a decline in the employee's work performance and productivity. It also became apparent that the employee needed to "skill up" to meet a change in direction of the project she was involved in. Over subsequent months, the employee's performance failed to improve and eventually in March 2014, her employment was terminated due to poor performance. The employee co...
1 May 2015The FWC anti-bullying jurisdiction - the first 12 months
The Fair Work Commission has now released its latest report on the anti-bullying jurisdiction, completing a year of statistical information and interesting insights into the first 12 months of the new jurisdiction's operation. For the period 1 January 2014 to 31 December 2014, the Fair Work Commission received a total of 701 anti-bullying applications. Diagram 1 below, shows applications received per quarter for the first 12 months. Diagram 1 - Anti-bullying applications received per quarter 2014 Of those applications, 527 applications have been finalised with the following results: 149 applications withdrawn early in the case management process and prior to substantive proceedings (that is withdrawn with the case management team or with Panel Head); 90 applications withdrawn prior to proceedings (includes withdrawals prior to a listing, before a listing conference, hearing, mention or mediation); 154 applications ...
23 April 2015