Results.
12 judgments found.
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| December 2015 |
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Termination under an agreed notice clause was lawful; complainants failed to prove entitlement to compensation or allowances.
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Employment law — Termination of fixed-term contract — Contractual termination clause (notice or pay in lieu) — Burden of proof on complainant — Service charge and responsibility allowances — Failure of proof.
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31 December 2015 |
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Complainant failed to prove wrongful dismissal; claim dismissed, with leave to appeal granted.
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Industrial Relations Court — wrongful dismissal — burden of proof — duty on complainant to prove case to degree of substantial justice.
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30 December 2015 |
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Redundancy under a written contract, not wrongful dismissal for injury, governed termination; complaint dismissed, benefits paid.
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Employment law — redundancy under written contract — contractual redundancy clause governs where employee has written contract; procedural fairness and notice in redundancy; workplace injury and termination — injury during notice period does not automatically preclude lawful redundancy when contract-ended redundancy applies; workers’ compensation reporting and benefits.
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23 December 2015 |
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Complainant failed to prove alleged epilepsy or justify absenteeism; dismissal for refusal to accept transfer upheld.
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Employment law — Dismissal for absenteeism — Refusal to accept employer transfer — Medical/disability evidence and burden of proof — Fairness of termination.
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23 December 2015 |
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Use of a contractual termination clause to avoid disciplinary process rendered the dismissal wrongful; complainant awarded three months' salary and outstanding remuneration.
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Industrial relations — Wrongful dismissal — Court may look behind contractual termination notice to ascertain real reasons for dismissal — Employer must use disciplinary process rather than contract clause to mask punitive dismissal — Remedies: limited months’ salary, payment of outstanding remuneration, allowances, accrued leave, interest and costs.
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23 December 2015 |
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Summary dismissal for falsifying requisitions and dishonesty upheld; complainants’ wrongful dismissal claim dismissed.
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Employment law — summary dismissal — gross misconduct (dishonesty, falsifying requisitions, misappropriation, giving false evidence) — disciplinary procedure and appeals — burden of proof on employee to establish wrongful dismissal.
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23 December 2015 |
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The respondent lawfully dismissed the complainants for loss of stock after a fair disciplinary process; dismissal need not wait for police investigations.
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Labour law — unfair dismissal — disciplinary procedure and natural justice — employer may dismiss pending police investigations — burden of proof unaffected by respondent debarment — loss of stock as grounds for dismissal.
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22 December 2015 |
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Medical discharge based on independent medical evidence and lack of suitable redeployment dismissed claims for reinstatement and backpay.
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Employment law — Medical discharge on medical recommendation — Occupational and specialist hospital audiometry confirming noise‑induced hearing loss — Redeployment efforts to low‑noise workplace — Demotion after disciplinary proceedings — Claims for reinstatement and underpayments fail where employee no longer held the higher post — Workers Compensation assessment pending.
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14 December 2015 |
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The third complainant proved entitlement to unpaid salary and 2012 gratuity; other complainants' claims were dismissed.
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Employment law — unpaid wages and gratuity — burden of proof and documentary evidence — records retention — redundancy packages under section 26B Employment Act — interest and costs.
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9 December 2015 |
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A court reference under section 78(1) bars a strike ballot; interlocutory restraint justified to protect public interest.
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7 December 2015 |
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Summary dismissal upheld where employer proved download and external transmission of confidential tender information and breach of trust.
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Employment law — unfair dismissal — alleged leakage of confidential tender information and solicitation of funds from bidder — employer’s IT and security investigations — amendment of charges — audi alteram partem — summary dismissal for Category A(20) offence — substantial compliance with disciplinary code.
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3 December 2015 |
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Gratuity accrues only from contract date containing gratuity clause; salary and unpaid leave awarded, overtime not proved.
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Employment law — gratuity entitlement accrues only from contract containing gratuity clause; overtime claims require contemporaneous proof; salary due during notice period; accrued leave payable; counterclaim/set-off; interest and costs awarded.
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2 December 2015 |