How “discretionary” are discretionary bonuses? Recent lessons from Crowe Horwath (Aust) Pty Ltd v Loone  VSC 163
On 23 February 2017 the Full Bench of the Fair Work Commission (FWC) handed down a significant decision following a review of weekend and public holiday penalty rates across the following six modern awards
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.
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  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.
Formal written warnings and structured performance improvement plans are not an essential requirement to prove that a dismissal, based on poor performance, is fair.
Sticking to what you know when obtaining new employment may backfire when a client-specific restraint that protects an employer’s legitimate interest is likely to be enforceable and valid. It may be appropriate to widen the job search, and seek legal advice on your options.
In the recent decision of Devil Dog Pty Ltd v Cook  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.
In order to survive, many businesses have to restructure their workplace. This often results in reducing surplus assets, addressing inefficiencies, and cutting or removing shifts. The redundancies that result from this process present a significant legal risk to employers.