Category Archives: Employment Law

Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 | 17 December 2010

ON THIS DAY in 2010, the NSW Court of Appeal delivered Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 (17 December 2010).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/357.html

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Registered Clubs Association of NSW v Australian Liquor, Hospitality and Miscellaneous Workers’ Union, NSW Branch [2000] NSWIRComm 262

ON 14 DECEMBER 2000, the NSW Industrial Relations Commission delivered Registered Clubs Association of NSW v Australian Liquor, Hospitality and Miscellaneous Workers’ Union, NSW Branch [2000] NSWIRComm 262.

http://www.austlii.edu.au/au/cases/nsw/NSWIRComm/2000/262.html

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Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41

The High Court of Australia today delivered Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014).

The High Court held that the dismissal of an employee by BHP Coal Pty Ltd was not contrary to s346(b) of the Fair Work Act 2009 (Cth) because the dismissal related to the worker’s conduct rather than his participation in industrial activity.

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Free Small Claims Guide – Fair Work Ombudsman

The Fair Work Ombudsman has published a guide for employees taking action to recover entitlements of up to $20,000.

The guide helps employees resolve disputes quickly and effectively. It contains useful information and tips on how to have a favourable outcome at minimal cost. The guide can be obtained free of charge by visiting http://www.fairwork.gov.au/smallclaims.

http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html

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Legal Issues Bulletins – NSW Department of Education & Communities

The NSW Department of Education & Communities from time to time publishes Legal Issues Bulletins.

As at 12 October 2014, there are 54 Legal Issues Bulletins. The bulletins, which are prepared as general information for officers of the department, cover issues such as criminal offences, confidentiality, power to search students, discipline, child protection, police interviews, accidents, personal injury, occupational health and safety, insurance and subpoenas. The bulletins may be accessed by visiting http://www.dec.nsw.gov.au/about-us/information-access/legal-issues-bulletins.

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Sydney, Australia

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Information about internships

Unpaid work arrangements – vocational placements, unpaid internships, unpaid work experience and unpaid trials – need to be considered carefully as they are not always appropriate.

The Fair Work Ombudsman publishes helpful information about unpaid work. For more information visit http://www.fairwork.gov.au/Pay/unpaid-work

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Sydney, Australia

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Commonwealth Bank of Australia v Barker [2014] HCA 32

ON 10 SEPTEMBER 2014, the High Court of Australia delivered Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014).

The High Court allowed an appeal against the 2013 decision of the Full Court of the Federal Court of Australia in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 (6 August 2013).

The High Court ruled, in favour of the Commonwealth Bank, that the implication of mutual trust and confidence is beyond the legitimate law-making function of the courts.

The court ruled that it is not necessary to imply into all employment contracts a term that neither party will, without reasonable cause, conduct itself in a manner likely to destroy or seriously damage the relationship of trust and confidence between them.

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Sydney, Australia

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