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Complaint made directly to employer can constitute a workplace right
- King & Wood Mallesons
- -
- Australia
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- May 14 2013
The Federal Circuit Court of Australia has held that an employee exercised a workplace right when she complained to her employer in relation to her
Employee’s complaints regarding management issues did not enliven workplace rights
- King & Wood Mallesons
- -
- Australia
- -
- April 8 2013
The Federal Magistrates' Court has dismissed an employee's adverse claim on the basis that the complaints he made to his employer did not constitute
Employee unfairly dismissed as non-compliance with grooming policy was linked to medical condition
- King & Wood Mallesons
- -
- Australia
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- March 22 2013
The Fair Work Commission (FWC) has ordered an employer to reinstate an employee who was dismissed for breaching the employer's grooming and uniform
Fair work building and construction inspectorate obtains Federal Court injunction preventing union from blocking access to a building site
- King & Wood Mallesons
- -
- Australia
- -
- March 6 2013
The Federal Court has granted an injunction preventing a union from blocking access to a site, pending the determination of proceedings regarding
Employee unfairly dismissed as non-compliance with grooming policy was linked to medical condition
- King & Wood Mallesons
- -
- Australia
- -
- February 7 2013
Fair Work Australia (FWA) has ordered an employer to reinstate an employee who was dismissed after refusing to cut his hair shorter, in breach of the
Dismissal for criminal convictions was a disproportionate penalty
- King & Wood Mallesons
- -
- Australia
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- February 6 2013
A Full Bench of the New South Wales Industrial Relations Commission (NSWIRC) has upheld a decision to reinstate an employee, on the basis that his
Employer with a “general” ohs policy fined $56,000 for causing an employee’s serious injury
- King & Wood Mallesons
- -
- Australia
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- December 20 2012
The Magistrates Court of South Australia has ordered an employer to pay a fine of $56,000, for failing to ensure the safety of an employee who suffered a
Dismissal for criminal convictions was a “disproportionate” penalty
- King & Wood Mallesons
- -
- Australia
- -
- December 4 2012
Full Bench of the New South Wales Industrial Relations Commission has upheld a decision to reinstate an employee on the basis that his dismissal for having three criminal convictions “appears to have been ill-considered and somewhat of an over-reaction”
Lower paid position of a different character is not acceptable alternative employment
- King & Wood Mallesons
- -
- Australia
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- November 7 2012
Fair Work Australia (FWA) has held that an employee was not offered “acceptable alternative employment” after his position was made redundant, because both proposed positions were paid at lower rates and one of them was not of a “like nature” and would not have properly utilised his skills
High Court ruling - no need to search for an "unconscious" reason in adverse action claims
- King & Wood Mallesons
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- Australia
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- October 2 2012
The High Court has overturned a Full Federal Court decision which found that an “objective” test applies when determining the question of whether an employer has taken adverse action for a reason prohibited under the Fair Work Act 2009 (Cth) (FW Act
