Termination of employment: Employer did enough to help injured driver return to work
The Fair Work Commission held that a bus driver who could not fulfil the inherent requirements of the position despite sustained and comprehensive rehabilitation efforts on the employer’s part was fairly dismissed.
Kothandan v Transdev Melbourne Pty Ltd t/a Transdev (2018) 70 AILR ¶102-949;  FWC 2119
Entitlements: Personal/carer’s leave to be calculated on normal working hours over 24 hour period
The Fair Work Commission held that the entitlement under the National Employment Standards to ten days’ personal/carer’s leave per year was to be calculated by reference to an employee’s normal working hours over a 24 hour period rather than by reference to a notional number of daily hours.
Application by Mondelez Australia Pty Ltd (2018) 70 AILR ¶102-950;  FWC 2140
Unfair dismissal: Dismissal for anonymous tweeting breached freedom of political communication
The Administrative Appeals Tribunal held that the dismissal of an employee unacceptably trespassed on the implied freedom of political communication meaning that the dismissal was not reasonable and that the resulting psychological injury to the employee was compensable.
Banerji and Comcare (Compensation) (2018) 70 AILR ¶102-951;  AATA 892
Right of entry: Qld union officials required to show permits for safety inspections
The Federal Court issued an interlocutory injunction requiring union officials to produce valid entry permits when entering a construction site even when their entry was motivated by workplace safety concerns.
Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (2018) 70 AILR ¶102-952;  FCA 553
Restraint: No injunction where confidentiality and solicitation undertakings given
The Supreme Court of New South Wales refused to grant an interlocutory injunction that would have prevented an employee from working for an alleged competitor of his former employer.
SAI Global Property Division Pty Ltd (ACN 089 586 872) v Jones & Ors (2018) 70 AILR ¶200-594;  NSWSC 438
Long service leave: Criminal proceeding for failure to pay was time-barred
The Victorian Court of Appeal unanimously held that a statute which made it an offence to fail to pay long service leave did not create a continuing offence after an employee retired with the result that a charge under the statute was time-barred.
Joseph v Worthington & Anor (2018) 70 AILR ¶250-075;  VSCA 102
Workplace safety: Employer to pay over $1m in damages for failure to warn of hazard
The Supreme Court of Queensland awarded common law damages of $1,125,949.04 to an employee after finding on the balance of probabilities that a workplace collision in which he was involved caused a cervical spine disc prolapse that was only identified six months later.
Souz v CC Pty Ltd (2018) 70 AILR ¶300-211;  QSC 36