By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal and a re-hearing, the Fair Work Commission has held that an employer had no right to accept the repeated resignations of a distressed employee undergoing internal investigation. Bupa Aged Care Australia Pty Ltd t/a Bupa […]
By Alexander Millman and Angela Szczepanski, NRA Legal Ms Shahin Tavassoli v Bupa Aged Care Mosman A recent case reminds employers that care must be taken when relying on evidence obtained from workplace surveillance to dismiss an employee, and the need to afford employees procedural fairness even when it appears to be an open-and-shut case. […]
In a recent case brought before the NSW Supreme Court DP World’s (DPW) six-month restraint of trade period on their Operations Manager was deemed to be reasonable when the former employee gave three-months’ notice before beginning employment with a competitor. On April 27, DPW’s Operations Manager accepted a position with their direct competitor, Asciano. DPW […]
A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s misunderstanding of the employee’s intentions to work out her notice period. In July 2015, the employee was under significant stress from being overworked by her employer. According to her evidence, the owner of the company became […]