Demotion Not Necessarily a Dismissal

The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent case of Phillip Moyle v […]

Tribunal allows discrimination claim to be heard three years after the act

The New South Wales Civil and Administrative Tribunal has allowed an ex-employee to proceed with a claim of discrimination, after documents were obtained with enough evidence for the complainant to make a case. According to the employee, who worked for the Salvation Army as a store supervisor, she was unfairlysuspended on the basis of her […]

IR Update: “Smart Arse” sacked

An employer has been unable to successfully establish that they dismissed a client analyst as a result of poor performance. Employment of Mr Anderson with BNP was subject to a three month probationary period. Just days prior to his termination, Mr Anderson was confronted by his supervisor in earshot of other employees on 19 March […]

IR Update: Driver with Asperger’s not discriminated against

In a recent hearing in South Australia, an employer’s decision to refuse permanency to a driver with Asperger’s was deemed unfair and irrational, but not a breach of any anti-discrimination laws. According to the Tribunal, it was fair to consider the potential for future injury and therefore no breach of the Equal Opportunity Act 1984 […]