By Lauren Townsend (Special Counsel) The hard-fought Fair Work Commission (FWC) unfair dismissal dispute between Matthew Gosek and Illawarra Coal Holdings Pty Ltd T/A South32 came to an end last week [1], with the majority of the Full Bench deciding that although Illawarra Coal dismissed Mr Gosek for a valid reason, mitigating factors tipped the […]

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 By Bryan Mueller, Director of Workplace Litigation   In Fitzgerald v Woolworths Limited [2017] FWCFB 2797 (Fitzgerald decision) a Full Bench of the Commission examined the meaning and effect of s.596(1) of the Fair Work Act 2009(FW Act). Speaking broadly, that provision deals with the representation of persons who or which are involved in Commission […]

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The Victorian Court of Appeal has affirmed that post termination restraints in an employment contract were unenforceable because the employment termination occurred by reason of the employer’s repudiation of employment contract and the employee’s acceptance of that repudiation: Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 The decision of the trial judge, Justice […]

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In a first of its kind decision in the Fair Work Commission’s (FWC) anti-bullying jurisdiction, the FWC has issued an Interim Order preventing an employer from finalising disciplinary proceedings against, and terminating the employment of, a senior executive pending the outcome of her substantive anti-bullying application. Lauren Townsend examines the decision and what this means for […]

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A very recent decision of McDonald J in the Victorian Supreme Court (Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSC 163, 4 April 2017) deserves the attention of anyone who deals with issues relating to post termination restraints in employment, whether that be in the formulation of contractual clauses on that subject, or the […]

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By Angus Mackenzie, Lawyer It is broadly accepted that an employer can direct an employee to attend medical examinations and to answer questions as part of workplace investigations, so long as the direction is lawful and reasonable. Indeed, the idea that an employee can refuse to respond to his or her employer’s reasonable requests for information […]

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What Employers Need to Know By Lauren Townsend, Special Counsel The requirements that have to be met to achieve approval of an enterprise agreement from the Fair Work Commission (FWC) are many.  2016 and the early months of 2017 have seen a number of developments in this area, and they have brought into high relief […]

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By Angus Mackenzie There is a large and growing market for employers seeking external providers of workplace investigations. Unlike in other jurisdictions, the market for providers of workplace investigations is not regulated in Australia. As a consequence, these services are provided by variously skilled persons, including criminal lawyers, generalist lawyers, HR consultants, former police officers […]

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Wait A Minute Blog Series By Bryan Mueller, Director Workplace Litigation Commission Dispute Settlement: Federal Court Challenges Not Available? Wait a minute: Are you saying that no matter how far wrong the Commission goes in giving an arbitrated decision under enterprise agreement dispute settlement provisions, the Commission’s decision can’t be challenged anywhere? Is that really […]

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