UNFAIR DISMISSAL: CABIN CREW SUPERVISOR VALIDLY DISMISSED FOR SEXUAL HARRASSMENT
The Fair Work Commission upheld an employer’s decision to summarily dismiss a cabin crew supervisor, who failed to lead by example, for sexual harassment.
Applicant v Respondent (2016) 68 AILR ¶102-681;  FWC 7077
INDUSTRIAL LAW: GUIDANCE ON ASSISTANCE TO UNREPRESENTED PARTIES
A Full Court of the Federal Court of Australia has provided guidance on how much assistance the Fair Work Commission is required to provide to unrepresented parties after finding that an unrepresented employer was not denied procedural fairness when its application for an appeal was dismissed after the notice was described as more of a “diatribe” than a pleading.
Trustee for The MTGI Trust v Johnston (2016) 68 AILR ¶102-680;  FCAFC 140
APPEAL: EMPLOYEE LOSES PRIVACY APPEAL IN RELATION TO FACEBOOK POSTS
The Supreme Court of Victoria dismissed an appeal from a decision of the Victorian Civil and Administrative Tribunal which held that, although information collected by an employer about an employee from a Facebook page was personal information,that information was permissibly obtained in the course of a misconduct investigation. It therefore followed that the employee had no remedy against the employer in respect of contravention of the applicable statutory privacy principles.
Jurecek v Director, Transport Safety Victoria (2016) 68 AILR ¶250-066;  VSC 285
APPEAL: AGREEMENT CONCERNING LABOUR HIRE EMPLOYEES RECONSIDERED
An enterprise agreement, approved at first instance, has been sent back to the original decision maker by the Full Bench of the Fair Work Commission.
Construction, Forestry, Mining and Energy Union v Sparta Mining Services Pty Ltd (2016) 68 AILR ¶102-677;  FWCFB 7057
UNFAIR DISMISSAL: EMPLOYEE’S DISMISSAL FOR DEROGATORY FACEBOOK POSTS WAS HARSH
The Fair Work Commission held that an employee’s dismissal for Facebook posts that made derogatory suggestions about another employee was harsh. However, the Commission also held that reinstatement was inappropriate and ordered compensation instead.
Clint Remmert v Broken Hill Operations Pty Ltd T/A Rasp Mine (2016) 68 AILR ¶102-676;  FWC 6036
AWARDS: INDIVIDUAL ROSTERS NOT PART OF BOOT
The Fair Work Commission approved an enterprise agreement covering Australian railway employees subject to undertakings given by the employer after finding that it was “illogical” to review employees’ rosters or individual circumstances when assessing whether the enterprise agreement passed the BOOT.
Australian Rail Track Corporation (2016) 68 AILR ¶102-675;  FWCA 7012
AWARDS: UNDERPAID HELICOPTER PILOT NOT RESPONSIBLE FOR CRASH
The Federal Circuit Court of Australia held that that a helicopter pilot did not receive her industrial entitlements in the form of salary, bonuses, superannuation and allowances. It also held that she had not been negligent in the course of a helicopter crash and so dismissed a cross-claim seeking to offset the underpayments.
Bobridge v Choppair Helicopters Pty Ltd & Anor (2016) 68 AILR ¶102-674;  FCCA 2301
LIMITATION OF ACTIONS: HIGH COURT OUTLINES PRINCIPLES ON VICARIOUS LIABILITY
The High Court of Australian has provided new guidance on vicarious liability in a finding that a former boarder should not have been granted an extension of time to pursue a college over his sexual abuse by a housemaster.
Prince Alfred College Incorporated v ADC (2016) 68 AILR ¶102-673;  HCA 37
APPEAL: AUSTRALIAN IR LAWS UNAVOIDABLE
The South Australian Industrial Relations Commission held that an Italian Consulate was not immune from Australian industrial relations laws and therefore could not avoid payment of annual leave and superannuation entitlements.
Republic of Italy v Benvenuto & Miotto (2016) 68 AILR ¶350-164;  SAIRC 31
CONTRATUAL BENEFITS: EMPLOYER’S WIN AGAINST LARGE BONUS CLAIMS
The Western Australia Industrial Relations Commission has dismissed an employee’s claims for unpaid visa expenses in a decision that highlights the importance of employer’s having clear, unambiguous employment contracts and bonus schemes in place.
Nathan Bradley v Binder Group Pty Ltd (2016) 68 AILR ¶400-234;  WAIRComm 00731
LEAVE: UK WORKER ENTITLED TO LONG SERVICE LEAVE
The Western Australia Industrial Relations Commission held that an employee, engaged in the United Kingdom, was entitled to 23 weeks long service leave despite only having worked for an Australian entity for less than seven years.
Martin Venier v Baker Hughes Australia Pty Ltd (ABN 20 004 752 050) (2016) 68 AILR ¶400-233;  WAIRComm 00210
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 go.pardot.com/l/49122/2014-09-01/2xk1