News Feed
High cost for an employer breaching the general protections provisions of the Fair Work Act
Background In an earlier judgement, the Court found that Macquarie University had contravened the general protections provisions of the Fair Work Act 2009 (Cth) (the Act) by making a former employee redundant because the former employee had made complaints about her direct report. The University had also failed to redeploy the former employee to available roles. The Court was satisfied that the reason for this failure was also due to the complaints the employee had made and that the failure also amounted to a breach of the applicable Enterprise Agreement. Having made the initial findings in favour of the aggrieved employee, the Court, in a subsequent decision, considered the issue of remedies and that decision provides some good guidance on the matters that a Court may take into account when determining the appropriate remedies in a general protections matter. Reinstatement Importantly, the Court reiterated ...
8 May 2020High-income employee not protected from unfair dismissal as not covered by Award
The Fair Work Commission found this former employee, who was the Head of Estimating and Project Controls for Metro Trains Melbourne Pty Ltd, did not have protection from unfair dismissal and accordingly could not bring such a claim. This former employee exceeded the ‘high income threshold’ for an unfair dismissal claim. The ‘high income threshold’ at the time was $148,700 per annum. This employee had a gross annual remuneration (including superannuation) of $238,760.05 and also had a company phone plus unlimited free public transport in Victoria. Despite the employee’s annual earnings significantly exceeding the ‘high income threshold’ for an unfair dismissal claim, the employee argued that he was covered by an award and therefore able to pursue an unfair dismissal claim regardless of the extent of his remuneration. The award coverage issue The former employee argued his employment was covered by ...
30 April 2020A falsified medical certificate – does this warrant dismissal?
Facts This case concerned an unfair dismissal claim. After the employee’s dismissal, when looking at the former employee’s work emails, the employer realised the employee had a job interview for a date when she had produced a medical certificate to use paid personal leave for her absence that day. Through further investigation, ‘the medical certificate was found to have been falsified’ by the former employee. At first instance, it was decided that the former employee was unfairly dismissed notwithstanding the concession by the employee that she did in fact falsify the medical certificate. The employer appealed that decision. In the appeal, the Full Bench of the Fair Work Commission ultimately refused the employer permission to appeal but made some important observations in relation to falsified medical certificates. In its decision, the Full Bench explained that the past case law relied upon by the employer did &ls...
30 December 2019