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No obligation to co-operate with fitness for work assessment - not so says Fair Work
Introduction A recent Fair Work Commission (the Commission) decision confirms employees are, in general, obliged to co-operate with an employer's reasonable direction to assist with fitness for work assessments. Background Ms Columbine was engaged as a Correctional Officer (CO) with the GEO Group Australia Pty Ltd (GEO). In September 2011, in separate incidents, Ms Columbine suffered work related hip and shoulder injuries. Ms Columbine returned to work in modified duties. In March 2014, Ms Columbine's modified duties came to an end and there was no other position available in which she could work with her medical restrictions. In May 2014, Ms Columbine produced a medical certificate from her general practitioner (GP) advising she could undertake work for four hours a day in her pre-injury role with standing and walking limitations. The next day, GEO forwarded Ms Columbine a letter advising it was considering terminating her...
5 December 2014Flagrant breaches of post employment duties may result in an injunction even when there are no post employment restraints
Recently the Federal Court of Australia (the Court) ordered an interlocutory injunction restraining an employee from dealing with his former employer's clients, even though the employee was not subject to any express post employment restraints. Background The employer, APT Technology Pty Ltd (APT), provides mechanical engineering consultancy services throughout Australia. The employee's contract of employment contained an express confidential information term. The employee was summarily dismissed on 16 June 2014 for setting up and conducting a rival business in direct competition to APT during his employment, and using APT's confidential information. The employee managed to secure many of APT's clients. APT, even after approaching the clients, was unable to successfully return their business. The employee acknowledged the breaches but alleged: that by the end of July 2014 he had ceased using the confidential information; and for t...
19 November 2014"No extra claims" clauses in enterprise agreements may be contrary to the Fair Work Act
Recently a full Federal Court found a no extra claims clause in an enterprise agreement was contrary to the Fair Work Act 2009 (Cth) (the Act). Background In December 2013, Toyota Australia invited its manufacturing workforce to vote on 27 proposed variations to its enterprise agreement to remove out-dated and uncompetitive practices and allowances. Just prior to the scheduled vote, a group of shop stewards launched a challenge against the proposed variations arguing that the no extra claims commitment contained in clause 4 of the enterprise agreement did not allow for the proposed variations. The no extra claims commitment provided that: "…The parties agree they will not prior to the end of this agreement: make any further claims in relation to wages or any other terms and conditions of employment; and take any steps to terminate or replace this Agreement without the consent of the other parties." In the first ins...
18 November 2014