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Searching Content indexed under Employment Litigation/ Tribunals by Cooper Grace Ward ordered by Published Date Descending.
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1
Woolworths escapes prosecution after loading dock tragedy
WorkSafe has announced that it would accept Woolworths' bid to enter an Enforceable Undertaking in lieu of prosecution.
Australia
9 Sep 2019
2
No horsing around – jockeys not deemed employees of Racing Queensland Board or Scone Race Club for superannuation purposes
The Federal Court considered whether jockeys were deemed to be employees for the purposes of superannuation obligations.
Australia
11 Jul 2019
3
Do I have to pay compulsory superannuation on overtime amounts?
Employers should review their compulsory superannuation contributions on overtime to identify any potential risks.
Australia
7 Jul 2019
4
Corrective Services officer fails in claim relating to unprovoked prisoner assault – Corbin v State of Queensland (Queensland Corrective Services) [2019] QSC 110
This case highlights difficulties in proving that these assaults are reasonably foreseeable and preventable by employers.
Australia
24 May 2019
5
The frying pan might be hot – community standards versus legal standards in contributory negligence cases
Where a system of work is deficient (or a safe system is not enforced), contributory negligence is not readily found.
Australia
9 Mar 2019
6
When a demotion constitutes dismissal
The FWC found that the demotion of the employee amounted to a dismissal for the purposes of the Fair Work Act 2009.
Australia
15 Feb 2019
7
Belindas top five tips for conducting an internal workplace investigation
Before embarking on any internal investigation, we recommend that an employer should consider these five top tips.
Australia
15 Feb 2019
8
Settlement reached at conciliation conference binding on individual and university
A settlement agreement at a conciliation conference for an unfair dismissal application was binding on both the parties.
Australia
1 Dec 2018
9
Federal Government added as a party to Federal Court casual test case
This announcement follows vocal concerns from employers that workers may be able to 'double dip' on their entitlements.
Australia
19 Oct 2018
10
Full Federal Court decides casual employees entitled to annual leave: no appeal application lodged with the High Court by deadline
The Court rejected the commonly applied position that an employee described as a casual is a casual for all purposes.
Australia
17 Sep 2018
11
Rare win for employer in indemnity costs case
The FWC found that the office manager persisted with a 'doomed to fail' unfair dismissal application in a vexatious bid.
Australia
23 Aug 2018
12
Queensland Government to create new criminal offence to target deadly workplace practices
The Queensland Government has announced that it will introduce a new criminal offence of 'negligence causing death'.
Australia
2 Jun 2017
13
Fair Work Commission suspends investigation and disciplinary process to hear bullying claim
Employers must consider an employee's bullying complaint made during a workplace investigation or disciplinary process.
Australia
23 May 2017
14
If its not in the pleadings, its not relevant – Whitley v Aldi Stores [2017] QDC 50
The plaintiff attempted to amend her statement of claim to make her pleaded case consistent with the expert opinion.
Australia
2 Apr 2017
15
Workers' compensation: Section 279 ‘fishing expeditions' curtailed
This case confirms that parties do not need to respond to requests for information outside of a narrow interpretation.
Australia
29 Dec 2016
16
Stand and be heard: employers precluded from making an application to be heard in a QIRC appeal
The QIRC does not have the power to give an employer leave to appear in an appeal to the QIRC filed by a worker.
Australia
22 Aug 2016
17
Director prosecuted for involvement in company's underpayment of employee wages and ordered to pay compensation and penalties
The FWO continues to personally pursue directors and HR advisers under the accessorial liability provisions in the FWA.
Australia
29 Jul 2016
18
FWO targets advisers – accounting firm prosecuted for involvement in client's underpayment of wages
Advisers involved in influencing workplace conditions of a third party's employees may also be liable for contraventions.
Australia
17 Apr 2016
19
District Court makes a six month restraint order against financial adviser
This case is a good win for employers enforcing restraints on former employees to protect their own business interests.
Australia
17 Apr 2016
20
Damages awarded to unfairly dismissed victim of domestic violence
This case is a reminder of the importance of procedural fairness and the effect of domestic violence on the workplace.
Australia
17 Apr 2016
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