MINIMUM EMPLOYMENT PERIOD — NOTICE DELAYED BY DISPUTE PROCESS
A firefighter recruit has demonstrated that he had completed the minimum period of employment, despite the employer notifying him of its decision to terminate his employment just three and a half months after it commenced.
TERMINATION OF EMPLOYMENT: DISMISSAL FOR “EXTREME” SOCIAL MEDIA COMMENTS UPHELD
A Full Court of the Federal Court of Australia overturned a decision which had overturned the decommissioning and dismissal of a senior army officer from the Army Reserve on the ground that those actions contravened his implied constitutional freedoms of political expression and communication. The full court instead held that the statute upon which that termination was based did not contravene that freedom and so the dismissal was to stand.
Chief of the Defence Force v Gaynor (No 3) (2017) 69 AILR ¶102-768;  FCAFC 41
DISCRIMINATION: WHETHER DISABLED EMPLOYEE DISCRIMINATED AGAINST WHEN SIGNING DEED OF RELEASE
The Federal Circuit Court of Australia held that an employee who entered into a Deed of Settlement as a means of avoiding termination of her employment could not subsequently complain to have been discriminated against in the making and adhering to that Deed.
O’Hanlon v Williams & Ors (2017) 69 AILR ¶102-765;  FCCA 381
ENTERPRISE BARGAINING: EMPLOYER INITIATED TERMINATION OF AGREEMENT AFTER BARGAINING STALEMATE
The Full Bench of the Fair Work Commission upheld a decision to terminate an enterprise agreement 2 years after it expired when the parties had reached a bargaining stalemate.
INDUSTRIAL ACTION: CONSTRUCTION UNION’S STOP WORK MEETINGS AND WALK-OFFS UNLAWFUL
The Federal Court of Australia found that union officials breached s 417 of the Fair Work Act 2009 (Cth) (FW Act) when they organised a series of stop-work meetings and walk-offs.
Australian Building and Construction Commission v Construction, Forestry, Mining and Energy Union (The Kane Construction Case) (2017) 69 AILR ¶102-763;  FCA 168
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.