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An interesting development in the Fair Work Commission’s Stop Bullying Jurisdiction

Posted by | Articles, Discrimination & Bullying, Terminations, Unfair Dismissals & Adverse Action | No Comments

In perhaps the most interesting development to date since the commencement of the Fair Work Commission’s (FWC) anti-bullying powers, Commissioner Hampton, the Panel Head of the FWC’s anti-bullying jurisdiction, has issued an interim order to restrain an employer from dismissing an employee for alleged misconduct until the tribunal determines the employee’s anti-bullying application.

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Lying and theft justifies termination of flight attendant

Posted by | Articles, Performance Management & Misconduct Investigations, Terminations, Unfair Dismissals & Adverse Action | No Comments

Qantas has succeeded in its appeal to undo the unfair dismissal finding for a flight attendant who stole alcohol and lied during the investigation. The FWC Full bench overturned the ruling of unfair dismissal in Qantas Airways Limited v David Dawson [2017] FWCFB 41, finding that Deputy President Lawrence had failed to take into account the Qantas employee’s dishonesty during the investigation into allegations of theft.

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Pay cut not redundancy

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Can a refusal to accept a pay cut result in a genuine redundancy? employers will need to ensure that before enacting any redundancy, there are genuine operational reasons underpinning the decision beyond mere reduction in salaries.

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The devil is in the detail: Devil Dog Pty Ltd v Cook [2017] WASC 27

Posted by | Articles, Restraints of Trade | No Comments

In the recent decision of Devil Dog Pty Ltd v Cook [2017] WASC 27, the Supreme Court of Western Australia granted an interim injunction to prevent a former employee from competing with his former employer’s business. The decision is a timely reminder on the importance of carefully drafting and considering restraint of trade clauses in commercial agreements.

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