NEW SOUTH WALES
WORKPLACE INJURIES: EMPLOYER COULD NOT REASONABLY FORESEE MENTAL HARM
By a majority of 2 to 1, the New South Wales Court of Appeal upheld an appeal against a decision which held that, through its employees, an employer was liable for the criminal conduct of a third party on its premises which resulted in significant mental harm to an entrant onto its premises. The damages that had been awarded to that entrant were accordingly set aside.
UNFAIR DISMISSAL: SENIOR POLICE OFFICER DISMISSED FOR SEXUAL HARRASSMENT AND BULLYING
The New South Wales Industrial Relations Commission has upheld the dismissal of a senior police officer who regularly made sexually explicit comments and innuendos in front of junior female officers.
WORKPLACE SAFETY: EMPLOYEE AWARDED $625,000 AFTER PSYCHIATRIC INJURY IN WORKPLACE
The Supreme Court of Victoria held that an employer breached its duty to an employee when it failed to protect her from psychiatric injury in the workplace. As such, the employer was required to pay the employee in excess of $625,000 in damages.
RESTRAINT OF TRADE: NO AGREEMENT TO REMOVE RESTRAINTS
The District Court of Queensland granted an interlocutory injunction to prevent a former employee from using confidential information to set up a business in direct competition with her former employer, thereby rejecting claims that the employer agreed to remove all restraints before she resigned.
HEALTH AND SAFETY: PRANKED EMPLOYEE WAS SEXUALLY HARASSED AND VICTIMISED
The Queensland Civil and Administrative Tribunal held that an employee who had been subjected to a workplace prank was the victim of sexual harassment and victimisation and so was entitled to compensation from his employer for the resulting psychiatric injuries.
TERMINATION OF EMPLOYMENT – MIDWIFE WHO DISCLOSED CONFIDENTIAL INFORMATION NOT UNFAIRLY DISMISSED
The South Australian Industrial Relations Commission has found that a midwife who disclosed confidential information about a baby’s birth to the mother’s estranged partner was not unfairly dismissed.
LONG SERVICE LEAVE: NO STATUTORY ENTITLEMENT TO LSL FOR EMPLOYEE COVERED BY AN ENTERPRISE AGREEMENT
The Western Australian Court of Appeal (WASCA) has allowed an appeal from a Full Bench of the Western Australian Industrial Relations Commission (Full Bench) decision that found an employee was entitled to long service leave under the Long Service Leave Act 1958 (WA) (LSL Act).
The Australian Industrial Law Reports (AILR) summarise industrial cases from all Australian jurisdictions on a weekly basis with links to the full text judgment provided by Austlii. Existing online subscribers are able to link through to the above mentioned decisions in Intelliconnect using the link provided. For a free trial please click here.