Are you a Carer who has been Denied WFH? Know Your Rights & Make a Strong Case
Have you requested to work from home due to your carer responsibilities, only to have your employer deny your request or express reluctance in granting it? You are not alone. Many employees in Australia want more flexible work arrangements but don’t always know the best way to ask for them.
Understanding Adverse Action when there are Workplace Complaints
In Trevena v Thiess Pty Ltd [2016] FCA 468, Tracey J rejected a general protections claim made by an employee who claimed that his employer had taken adverse action against him because he exercised a workplace right to make a complaint in relation to his employment. In doing so, Tracey J provided some important commentary […]
Workers Compensation: What’s an ‘Injury’?
The seminal High Court case of Military Rehabilitation and Compensation Commission v May [2016] HCA 19 clarifies the meaning of ‘injury’ under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). The facts Mr May was an employee of the Royal Australian Air Force (RAAF). During the course of his employment, he was required to […]
Misleading and Deceptive Conduct in Negotiations
In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee)[2016] FCA 430, Bromberg J found that an employer engaged in misleading and deceptive conduct during negotiations concerning an employment contract. The facts Ms Rakic was an experienced employee in the insurance industry. She was employed by Pattersons Insurerbuild Pty Ltd (Pattersons). She left […]
Discrimination of Athletes by Employers
Heather Garriock is one of Australia’s best women’s footballers (soccer). She has played 130 times for the Matildas since her national debut in 1999, still remaining the youngest women ever to represent the Australian national side and she has played for a number of clubs in Australia, Sweden and the United States. In 2013, Ms Garriock […]
Employees must not pursue personal gain at the expense of their employer
In Lifeplan Australia Friendly Society Ltd v Woff [2016] FCA 248, Besanko J provided a helpful outline of the principles that are used to determine whether employees have breached the fiduciary duties that they owe to employers. The Facts Mr Woff and Mr Corby were employees of funeral fund, Lifeplan Australia Friendly Society Ltd (Lifeplan). […]