Author adminPosted on Categories Industrial relationsLeave a comment on Employee caught stealing alcohol ‘unfairly dismissed’
The Fair Work Commission (FWC) is known for sometimes making unfair dismissal decisions which arguably are counter-intuitive and/or contrary to community standards and expectations. The following case, in which a Qantas employee was caught stealing and later lied about the stealing, is an excellent example.
Continue reading “Employee caught stealing alcohol ‘unfairly dismissed’”
Author adminPosted on Categories civil litigation, Industrial relations, Professional discipline2 Comments on Bangalow lawyer Owen Hughes successfully sued for sexual harassment A Bangalow solicitor’s sexual harassment of a single mum who worked for him has proven to be costly, and may well end his legal career.
This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.
Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her. Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Bangalow lawyer Owen Hughes successfully sued for sexual harassment”
Author adminPosted on Categories civil litigation, Industrial relations, Liberty, litigation, Unfair dismissalLeave a comment on Israel Folau settles claim with Rugby Australia
Following a marathon mediation, former Wallabies star Israel Folau and Rugby Australia have settled their dispute over the termination of Folau’s employment with Rugby Australia after he made controversial comments on Twitter about homosexuality.
The case was notable and of political significance because it highlighted the tensions between the rights of employers to dismiss workers to preserve their own reputational interests, freedom of religion, and employees being able to publicly express their own opinions outside of work. Continue reading “Israel Folau settles claim with Rugby Australia”
Author adminPosted on Categories Industrial relationsLeave a comment on Gladstone worker suspended for speaking with Bill Shorten
On 23 April 2019, Opposition Leader Bill Shorten campaigned at the Queensland government-owned Gladstone Ports. At a free barbeque, an electrical engineer told Shorten that “It would be good to see higher-wage earners given a tax break’’. Shorten replied with “We’re going to look at that”, a claim which appeared to be at odds with his policy of slugging those with above average incomes with higher taxes. Continue reading “Gladstone worker suspended for speaking with Bill Shorten”
Author adminPosted on Categories Human rights, Industrial relations, Liberty, litigation, Unfair dismissalLeave a comment on Professor Peter Ridd wins dismissal case against James Cook University
Last year, Professor Peter Ridd was sacked by James Cook University after speaking out on issues relating to climate change research.
He took James Cook University to the Federal Circuit Court, arguing his termination of employment was unlawful.
Today, Ridd has won his case, with the Court awarding judgment in his favour:
“Handing down his decision today, judge Salvatore Vasta said that the 17 findings used by the university to justify the sacking were unlawful.
“The Court rules that the 17 findings made by the University, the two speech directions, the five confidentiality directions, the no satire direction, the censure and the final censure given by the University and the termination of employment of Professor Ridd by the University were all unlawful,” Judge Vasta said.
A penalty hearing will be set for a later date.
At a hearing last month, Professor Ridd’s barrister Stuart Wood argued his client was entitled to criticise his colleagues and the university’s perceived lack of quality assurance processes.”
This is a win for free speech and academic freedom.
Author adminPosted on Categories Industrial relations, Legal profession, litigation, Professional discipline1 Comment on Law firm partner sued for sexual harassment
The legal profession gets rocked by a #metoo claim.
The partner of the firm has at a minimum acted unprofessionally in this case and the implications for his career could be serious.
Author adminPosted on Categories Bill of Rights, Criminal law, Human rights, Industrial relations1 Comment on The pro-pedophile, out of touch ‘Human Rights’ Commission The Human Rights Commission’s decision to award compensation to a man convicted of child pornography offences shows that it is an out of touch organisation that sides with pedophiles over businesses.
The Australian ‘Human Rights’ Commission has courted significant controversy in recent years as a result of its decision to delay an enquiry into children in immigration detention until after the Liberal-National Coalition was elected in 2013, its former President’s repeatedly false and misleading evidence in Senate estimates and its failure to notify the students in the QUT case that a complaint had been made against them for 14 months.
The most recent controversy is the Commission’s awarding of compensation of $2,500 against bank and insurance company Suncorp for refusing to employ a man convicted and sentenced to 12 months’ jail in 2008 for accessing child pornography via a “carriage service” and for possession of child pornography.
To make matters worse, when applying for the role the man intentionally failed to disclose his criminal history.
If any organisation (other than the EU) typifies the foolish and dangerous worldview of the elites, it is the ‘Human Rights’ Commission. This organisation seems not to realise that people with serious criminal convictions usually are not of good character, particularly if they then try to deceive or mislead prospective employers as the man in this case did.
According to the Commission, a person convicted of accessing and viewing child porn should not be ‘discriminated against’ by employers when applying for jobs. On the other hand, students who complain on Facebook about being kicked out of an Indigenous only computer lab, and columnists and cartoonists who dare to express controversial opinions about Indigenous affairs should be sued, punished, dragged through the Commission’s Kaffkaesque processes and/or silenced.
This is precisely the sort of outcome we can expect more of if the ‘Human Rights’ Commission is given real power, or a Bill of Rights is ever implemented, as we warned some time ago. The ‘human rights’ of criminals, illegal immigrants and extremists will inevitably take precedence over the rights and interests of others.
Author adminPosted on Categories Human rights, Industrial relations, Liberty, Unfair dismissal1 Comment on JCU in Court for adverse actions against academic freedom
Climate blogger Jennifer Marohasy provides an interesting report on Dr Peter Ridd’s case against James Cook University in the Federal Circuit Court. Ridd’s employment as an academic of the university was terminated in May due to him speaking out and defying a gag order imposed by the university.
Continue reading “JCU in Court for adverse actions against academic freedom”
Author adminPosted on Categories civil litigation, Evidence, Industrial relations, Negligence, Personal Injury1 Comment on Lorna Jane’s comprehensive court win
Amy Louise Robinson was employed by activewear company Lorna Jane Pty Ltd between July and December 2012 as manager of Lorna Jane’s DFO store at Skygate near Brisbane Airport.
Ms Robinson claimed to have suffered a psychiatric injury from workplace bullying by Megan McCarthy (Lorna Jane’s learning and development manager) and haemorrhoids when lifting and moving heavy boxes of stock during the course of her employment.
Vicarious liability is a common law principle which imposes liability despite the employer’s not itself being at fault. The claim for psychiatric injury alleged that Lorna Jane was vicariously liable for the actions of McCarthy and also that an email from a former DFO store employee named Ms Maninnen which alleged ill-treatment of Robinson by McCarthy had put the company ‘on notice’ and that it had subsequently failed to investigate.
Continue reading “Lorna Jane’s comprehensive court win”
