IR Update: Damages of $100,000-plus awarded to employee after unfairly dismissed for “set-up” misconduct

A director at ANZ has been awarded $110,000 in damages for being unfairly dismissed for serious misconduct. The Bank alleged Mr Bartlett had amended a confidential internal email and mailed it to a journalist at the Australian Financial Review. Mr Bartlett’s claim was previously dismissed by Justice Adamson in a 2014 NSW Supreme Court hearing. […]

IR Update: Commission insights into stop bullying orders

In this case update, the NRA Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others [2015] FWC 7312. This decision provides much-needed insight into the scope […]

IR Update: Employer Hit with $128,000 Adverse Action Payment

The recent case of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No 2) [2015] FCCA 2967 (4 November 2015) serves as a timely reminder to employers to seek advice as to the appropriate classification of employees, and be mindful of what actions might be considered adverse to the employee and open the […]

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 […]