We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 18

Is a café scuffle in the course of employment?
  • Norton Rose Fulbright Australia
  • Australia
  • 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


Enterprise update: full court dismisses JJ Richards appeal
  • Norton Rose Fulbright LLP
  • Australia
  • 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


Is a cafe scuffle in the course of employment?
  • Norton Rose Fulbright Australia
  • Australia
  • 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


Employer wins unfair dismissal costs appeal against applicant and representative
  • Norton Rose Fulbright LLP
  • Australia
  • July 17 2009

JimRoy Pty Ltd (JimRoy) was successful on Wednesday when the full bench of the AIRC confirmed that an applicant, and her representative, Gary Dircks (Dircks), were jointly and severably liable to pay the former employer’s party-party costs as a result of their unreasonable conduct in an unfair dismissal claim against JimRoy


First General Protections case decided lessons for employers
  • Norton Rose Fulbright LLP
  • Australia
  • April 16 2010

The Federal Court has provided some comfort to concerned employers regarding the scope of the new adverse action provisions in the Fair Work Act 2009 (Act


Fair Work Australia confirms legitimacy of set-off clauses
  • Norton Rose Fulbright LLP
  • Australia
  • March 22 2010

In a decision with important implications for employers, the Full Bench of Fair Work Australia (FWA) recently confirmed that the use of set-off clauses in contracts of employment is not inconsistent with modern awards


Enterprise update: discrimination and harassment hope for employers
  • Norton Rose Fulbright LLP
  • Australia
  • 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


Discrimination on the grounds of ‘political activity’ in the Victorian public sector
  • Norton Rose Fulbright LLP
  • Australia
  • 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 Fulbright LLP
  • Australia
  • 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


Casual employees and the minimum employment period
  • Norton Rose Fulbright LLP
  • Australia
  • 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