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Is a café scuffle in the course of employment?

Norton Rose Australia
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Australia
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October 12 2012

The decision by the Administrative Appeals Tribunal (Tribunal) in Ralser and Comcare 2012 AATA 510 (3 August 2012) arose from an incident between two work colleagues employed by the Australian Taxation Office (ATO

Is a cafe scuffle in the course of employment?

Norton Rose Australia
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Australia
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August 18 2012

The decision last week by the Administrative Appeals Tribunal (AAT) in Ralser and Comcare 2012 AATA 510 (3 August 2012) arose from an incident between two work colleagues employed by the Australian Taxation Office (ATO

Enterprise update: full court dismisses JJ Richards appeal

Norton Rose LLP
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Australia
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May 18 2012

In J.J. Richards & Sons Pty Ltd and Australian Mines and Metals Association Inc. v Fair Work Australian and Transport Workers’ Union of Australia 2012 FCAFC 53 (20 April 2012), the Full Court of the Federal Court (Full Court) dismissed the appeal against the decision of a Full Bench of Fair Work Australia (FWA) that a union (on behalf of employees) can be ‘genuinely trying to reach agreement’ even where an employer refuses to bargain, without the need to obtain a majority support determination

Discrimination on the grounds of ‘political activity’ in the Victorian public sector

Norton Rose LLP
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Australia
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March 27 2012

On 16 December 2011, the Victorian Civil and Administrative Tribunal (Tribunal) made its decision in Hakki Suleyman v The Speaker of the Legislative Assembly and the President of the Legislative Council of the Parliament of the State of Victoria 2011 VCAT 2305

Managing long-term employment issues

Norton Rose LLP
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Australia
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March 27 2012

In Eriksson v The Commonwealth 2001 FMCA 964, the court considered whether the termination of an employee’s employment constituted adverse action

Enterprise update: discrimination and harassment hope for employers

Norton Rose LLP
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Australia
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October 7 2011

In Sluggett v Commonwealth of Australia 2011 FMCA 609 (30 August 2011) (Sluggett), the Federal Magistrates Court of Australia (FMCA) reaffirmed that anti-discrimination laws are a two-way street

Stalking changes up the ante on bullying

Norton Rose LLP
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Australia
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June 23 2011

The Crimes Amendment (Bullying) Bill 2011 has now received Royal Assent and has passed into legislation

Full bench confirms that a union can obtain a protected action ballot where the employer refuses to bargain

Norton Rose LLP
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Australia
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February 2 2011

In JJ Richards & Sons v TWU 2010 FWAFB 9963 (23 December 2010), a majority of a Full Bench of Fair Work Australia (FWA) confirmed that a union (on behalf of employees) can be 'genuinely trying to reach agreement' even where an employer refuses to bargain, without the need to obtain a majority support determination

Casual employees and the minimum employment period

Norton Rose LLP
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Australia
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September 24 2010

The Full Bench of Fair Work Australia has held that a 3-month absence from the workplace did not prevent a casual employee from making an unfair dismissal claim, because he had already served the minimum employment period required under the Fair Work Act 2009 (Cth) (FW Act

New adverse action decisions provide clarity to employers

Norton Rose LLP
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Australia
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June 28 2010

Two recent adverse action decisions provide clarity to employers about the operation of the new types of claims available under the Fair Work Act 2009 (the Act