Newsletter Articles

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 →

Recent Employment Law cases you may have missed

1. Employee sacked for bullying HR staff after demotion for racial abuse The Commission has endorsed the dismissal of a worker who had initiated a campaign of email harassment of HR staff who had been involved in his earlier demotion. The demotion followed an investigation into allegations the worker had called an Indian colleague “smelly” and had encouraged a co-worker…read more →

Fair Work Commission decision on Toll Holdings worker dismissal

The Fair Work Commission has confirmed the dismissal by Toll Holdings of worker after receiving complaints from a co-worker of Afghani origin alleging he had been subjected to ongoing racial comments and cultural abuse in the workplace. Types of alleged comments The co-worker complained his colleague, Mr Johnpulle had made inappropriate comments to him over a period of around 15…read more →

Disciplinary measures must be proportionate to misconduct

In this issue…. Recent decision on misconduct Implications for NSW Local Government Upcoming events Disciplinary measures must be proportionate to misconduct The decision to suspend a Marrickville Councillor from civic office for two months due to misconduct has been overturned by the NSW Civil and Administrative Tribunal on the basis the penalty was excessive. The Tribunal found there must be…read more →

Consistency is key in dismissing inappropriate employee

In this issue…. Recent decision on unfair dismissal Implications for NSW Local Government Upcoming events Consistency is key in dismissing inappropriate employee A NSW public servant has been reinstated following an incident at a work Christmas party where he inappropriately touched five female colleagues. The Industrial Relations Commission (IRC) found that the penalty of dismissal meted out to the Applicant…read more →

Dismissal following loss of drivers’ license overturned

In this issue…. Recent decision on indirect racial discrimination Implications for NSW Local Government Upcoming events Dismissal following loss of drivers’ license overturned An employee of Parramatta City Council has been found to be unfairly dismissed when the Council declined to offer him leave without pay after he lost his drivers’ license for a second period. The case highlights the…read more →

Pharmacist highlights risk of indirect racial discrimination

In this issue…. Recent decision on indirect racial discrimination Implications for NSW Local Government Upcoming events   Pharmacist highlights risk of indirect racial discrimination A clinical pharmacist employed by a Local Health District has highlighted the risk of employers being found in breach of racial discrimination provisions of the NSW Anti-Discrimination Act 1977. While many aspects of the pharmacist’s claim,…read more →

Recent decisions of NSW Administrative Decisions Tribunal

While we remain one of the few organisations continuing to report on decisions of the NSW Industrial Relation Commission, the seriously decreasing number of matters being litigated in this forum poses great pressures on the identification of cases that are of relevance to investigators. Accordingly, this month we will look at recent decisions from a NSW tribunal that appears to…read more →

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