CONFIDENTIALITY: DOCUMENTS OBTAINED IN LAPTOP AUDIT COULD BE USED AGAINST MISBEHAVING EMPLOYEES
The Supreme Court of Victoria held that an employer did not commit a breach of confidence when it used documents to bring proceedings against employees where those documents were obtained in the course of a routine audit of one of those employee’s laptop.
Integrated Global Partners Pty Ltd v Hyde & Ors (2018) AILR ¶250-074;  VSC 45
REDUNDANCIES: TERMINATIONS WERE NOT ORDINARY AND CUSTOMARY TURNOVER OF LABOUR
The Federal Court of Australia held that an employer did not provide proper notice of termination to employees, and failed to pay their redundancy entitlements, when it terminated their employment following the loss of a long-standing contract for services.
United Voice v Berkeley Challenge Pty Limited (2018) 70 AILR ¶102-924;  FCA 224
UNFAIR DISMISSAL: FWC HAS THE FINAL WORD ON CAPACITY AND VALID REASON
In determining whether there was a valid reason for dismissal relating to an employee’s capacity, the Fair Work Commission (FWC) is required to consider and make findings as to whether the employee had the alleged incapacity at the time of the dismissal. In reaching this conclusion, a full bench of the FWC rejected a previous authority which left the resolution of any conflict in medical opinion to the employer.
CSL Limited t/a CSL Behring v Papaioannou (2018) 70 AILR ¶102-919;  FWCFB 1005
REPRESENTATION: FWC DID ENOUGH TO ASSIST UNREPRESENTED PARTY WITH MENTAL DISORDER
The Full Bench of the Fair Work Commission has refused permission to appeal a decision in anti-bullying proceedings, in which the employee, who had a pre-existing mental disorder, argued that the Commissioner did not afford “procedural fairness in the programming and running of the matter”.
Kolobius v The Uniting Church in Australia Property Trust (Q) t/a Wesley Mission Qld (2018) 70 AILR ¶102-925;  FWCFB 1057
RIGHT OF ENTRY: UNION BREACHES, BODIES CORPORATE AND ACCESSORIAL LIABILITY
The Federal Court has clarified the interaction of the body corporate and accessorial liability provisions of the Fair Work Act 2009 (Cth) when considering how a union could be held responsible for the right of entry breaches of its officers.
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (Bendigo Theatre Case) (2018) 70 AILR ¶102-921;  FCA 122
LEGAL REPRESENTATION: FWC CLARIFIES WHEN REPRESENTATION ALLOWED
The Fair Work Commission has found representational activity for which permission is required does not extend to obtaining legal advice.
Stringfellow v Commonwealth Scientific and Industrial research Organisation t/a CSIRO (2018) 70 AILR ¶102-920;  FWC 1136
INDUSTRIAL ACTION: WEARING CAMPAIGN MATERIALS COMBINED WITH STOPPAGE OF WORK AMOUNTED TO INDUSTRIAL ACTION
The Fair Work Commission has held that wearing campaign related materials, combined with a stoppage of work, amounted to industrial action within the meaning of s 19 of the Fair Work Act 2009 (Cth) and accordingly approved a protected action ballot.
United Voice; ANMF v NPT Group t/a National Patient Transport (2018) 70 AILR ¶102-923;  FWC 1224