Employment Relations

“Reasonable notice” ruling adds termination pressure on employers

“Reasonable notice” ruling adds termination pressure on employers

A recent Federal Court decision has highlighted the risk of relying on the National Employment Standards (the NES) to define the amount of notice required when terminating staff. In a case involving a misbehaving employee, the Court held the NES requirement of 5 weeks’ pay may be insufficient and that additional payment for ‘reasonable notice’ could be an implied requirement,…read more →

25 year gap no barrier to hearing loss liability

25 year gap no barrier to hearing loss liability

Even though an employee had last worked with an employer in 1991 and had several employers since, the NSW Workers’ Compensation Commission has held an employer liable for a hearing injury claim lodged in April 2015 seeking a lump sum amount as well as hearing aids. Facts of the case Mr Noel Parsons worked at Qantas between 1954 and 1991…read more →

Further impacts from abolition of NSW Industrial Court – WHS Category 3

In addition to the changes set out in our September Public Sector Update, proceedings for Category 3 offences under the Work Health and Safety Act have been moved to the District and Local Courts. This move will finalise prosecution arrangements under the WHS Act, with the most serious Category 1 and serious Category 2 offences being previously transferred from the…read more →

Review of Model Code and Procedures now under way by OLG

Review of Model Code and Procedures now under way by OLG

Governance and Human Resources Managers, as well as Complaints Coordinators should already be aware of the OLG’s current Review of the Model Code as well as its Procedures for the Administration of the Code. This is your opportunity to advise the OLG of issues encountered with these processes as well as suggesting ways of improving their ability to deal with…read more →

Confused reaction to disruptive patient justifies payment to terminated security employee

Confused reaction to disruptive patient justifies payment to terminated security employee

In a delayed decision handed down on 2 November 2016 the IRC considered an incident where Mr Siddique, a security employee at a major hospital, was observed on CCTV to push over and injure a disruptive patient. While his actions were found to justify his termination, Commissioner Tabbaa found confusion by supervisors meant Mr Siddique’s activities were not adequately questioned,…read more →

Performance shortcomings: lost wheels not enough to lose job

In a decision handed down on 2 September 2016 the IRC Full Bench considered whether poor performance by a State Transit Authority (STA) bus mechanic justified his dismissal. The termination of his employment followed an incident in which a bus serviced by the mechanic lost two wheels as it rounded a corner. Facts Mr Sunil Dissanayake worked as a qualified…read more →

Poor dismissal procedures result in fraudulent manager being awarded compensation

Notwithstanding finding a shop manager had engaged in misconduct by failing to account for cash sales and providing friends with his ‘family discount’, the Fair Work Commission has awarded him compensation due to procedural deficiencies in the employer’s dismissal process. On 5 August 2016, Commissioner Cambridge handed down his unfair dismissal decision concerning a Blacktown shop manager who had been…read more →

Well written contract protects employer from competitor

A restraint clause in an executive’s contract of employment has provided an employer an additional 3 months protection from competition after the employee resigned to take up a job offer with a direct competitor. Facts On 1 August 2016 the NSW Supreme Court handed down its decision in a case brought on by port operator, DP World, against its former…read more →

Further reductions at the NSW Industrial Relations Commission

Consistent with the steady decline in the size and function of the NSW IRC over recent years, the Baird Government has proposed legislation to move its judicial functions over to the Supreme Court, as well as consider the appointment of a Chief Commissioner to oversee the remaining five Commission members. Last month the Government sent out to interested stakeholders plans…read more →

12