The following employment law cases have been reported:
Termination of employment: High Court finds IR Commission had jurisdiction to hear police officer’s unfair dismissal claim
The High Court unanimously held that the NSW Industrial Relations Commission had jurisdiction to hear and determine the unfair dismissal claim of an NSW police officer who was medically retired.
NSW Commissioner of Police v Cottle (2022) 74 AILR ¶103-465; [2022] HCA 7, 16 March 2022.
Termination of employment: Extension granted after partner’s “mental health crisis”
The Fair Work Commission (FWC) emphasised the importance of mental health considerations in granting an extension to an employee who was unable to lodge her unfair dismissal application on time due to her partner’s poor mental health.
Walker v EDDCON Pty Ltd (2022) 74 AILR ¶103-464; [2022] FWC 527, 15 March 2022.
Termination of employment: Worker refused one-day extension for failing to have updated contact details
An unvaccinated FIFO worker failed to win a one-day extension after the employer sent his dismissal letter to an old email address, with the FWC highlighting the importance of employees updating their contact details.
Enterprise agreements: FWC did not have power to compel working from home
While dismissing a lecturer’s stand down application for want of jurisdiction, the FWC observed that it did not have the power to compel employers to allow employees to work.
Termination of employment: Employee who complained about co-worker’s criminal record not unfairly dismissed
The FWC held that an employee who made a series of complaints to an employer about a co-worker’s criminal record was not unfairly dismissed after she became increasingly frustrated by the employer’s responses to her complaints.
Industrial action: Nationwide strikes suspended over fears of impacts to the economy
The FWC suspended protected industrial action by tugboat masters on the grounds that the industrial action threatened “significant” damage in the hundreds of millions to the Australian economy.
Svitzer Australia P/L v The Australian Maritime Officers’ Union (2022) 74 AILR ¶103-455; [2022] FWC 493, 4 March 2022.
Enterprise agreements: Notice of shift changes did not require direct communication with employees
A Full Bench of the FWC held that the requirement under an enterprise agreement to give 12 hours’ notice of shift changes did not required direct communication with the affected employee, and a text message or voicemail was sufficient.
Australian Rail, Tram and Bus Industry Union v Pacific National Services Pty Ltd (2022) 74 AILR ¶103-453; [2022] FWCFB 23, 8 March 2022.
Termination of employment: FWC reinstated 6 Qube shift managers required to work during a strike
The FWC held that 6 waterfront shift managers were unfairly dismissed after they refused to comply with an employer direction requiring them to work as stevedores during a period of protected industrial action.
Burkhardt v Qube Ports Pty Ltd (2022) 74 AILR ¶103-450; [2022] FWC 281, 28 February 2022.
Termination of employment: Personal car use tipped employee over high-income threshold
The FWC held that the amount to be attributed to the private use of a company car by a commercial manager meant that her remuneration exceeded the high-income threshold for the purposes of her unfair dismissal application.
Johnson v Benex Civil Pty Ltd (2022) 74 AILR ¶103-449; [2022] FWC 338, 18 February 2022.
General protections: First case considering High Court authority on independent contractors highlights complications
In what appears to have been the first lower court application of the recent High Court decision on independent contractors, the Federal Circuit and Family Court highlighted the difficulties in focusing on the written employment contract in circumstances where the terms did not provide a definitive answer as to whether the worker was an employee or independent contractor.
Taarnby v Mungoorbada Aboriginal Corporation (2022) 74 AILR ¶103-445; [2022] FedCFamC2G 120, 17 February 2022.
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