The following is a summary from a recent decision of the Federal Court of Australia in Cohen v iSOFT Group Pty Limited. A corporation in Singapore hired a medical doctor from NSW, Australia. The contract was to last for two years and it provided that the laws of NSW would apply in case of any … [Read more...] about Problems Arising When There are Multiple Contracts for the Same Employee
Dismissal for redundancy requires proof of a genuine redundancy
A 65 year old man had been working for 4 years with a corporation that manufactured transportable sheds. He was given notice that he was being dismissed effective two weeks after receipt of the notice. He was told that for the two months prior to his dismissal, the company had been … [Read more...] about Dismissal for redundancy requires proof of a genuine redundancy
Adverse Action: Was the Dismissal because of Redundancy or Discrimination?
The following case was a recent decision in the Federal Circuit Court of Australia . The case gives you an idea of how the court deal with adverse action claims and how it decides whether someone's job was terminated because of redundancy or discrimination. The law is complex regarding this issue … [Read more...] about Adverse Action: Was the Dismissal because of Redundancy or Discrimination?
Discrimination in the Workplace
Discrimination in the workplace can occur in a variety of ways. The following is a case summary from the Howe v. Qantas Airways Limited [2004] FMCA 242. The Commission in that cases made it clear that refusing a flight attendant’s claim for payment of sick leave during pregnancy is discriminatory A … [Read more...] about Discrimination in the Workplace
Workers Compensation Claim and Unfair Dismissal
The following is a case decided recently by the Fair Work Commission in Lachlan Horn v Shark Lake Food Group Pty Ltd [2012] FWA 5114. MKI Legal are experienced unfair dismissal lawyers and the following is a summary of that case. The worker’s right hand was injured whilst at work. The … [Read more...] about Workers Compensation Claim and Unfair Dismissal
Tax Consequences of Settling A Workplace Dispute
There are beneficial tax consequences that apply to any settlement of a workplace dispute such as an adverse action or unfair dismissal claim. If a worker commences a claim against their workplace and the parties reach a settlement, there is often the daunting issue of how the tax … [Read more...] about Tax Consequences of Settling A Workplace Dispute