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Employer can’t “revive” a resignation after parties have agreed to continue employment
An employer's attempt to "accept" an employee's earlier resignation backfired when the Fair Work Commission ruled it as a dismissal. Learn why once a resignation is withdrawn, it can't be revived without mutual agreement, and how employers can protect themselves in similar situations.
Supreme Court decides who bears onus of proof in work stress case
Who bears the burden of proof when an employer argues that a worker is not entitled to compensation for a stress disorder because his condition arose from reasonable management action? Read the court’s reasons for its ruling.
Refusal to sign less favourable employment contract resulted in unfair dismissal
A Business Development Manager refused to sign a new contract with less favourable terms and was dismissed. The Fair Work Commission found that the dismissal was unfair, awarding him $42,552 in compensation.
Pilbara Iron loses negligence case – $1.1 million damages payout
Was a mining company vicariously liable for injuries caused by an employee’s breach of his duty of care, and was it entitled to indemnity from a labour hire company’s insurer? Check out the court’s reasoning.
Grocer commits to massive chemical safety overhaul to avoid court
A grill fire in a café’s kitchen sparked eight safety charges and over $500K worth of safety improvements after a worker was seriously burned. Read about the safety upgrades in the employer’s enforceable undertaking.
Can you be a 'regular' casual with 'irregular' hours?
Determining if someone is a 'regular casual' can be tricky. This case interprets the meaning of 'regular and systematic' casual employment.
Company Signs $170k Enforceable Undertaking To Avoid Whs Prosecution
The agreement includes safety improvements, donations, training, and the creation of industry guidance materials.
Kebab Shops Operator in Court
The Fair Work Ombudsman takes legal action against a Queensland employer for underpaying a young worker.
Heavy fines for PCBU and subcontractor after rigger’s death
Who is responsible for a worker’s duty of care when there is a principal and sub-contractor as part of the project? Read on to find out the specifics of this case and where the duty of care lies.
Was resignation forced or voluntary?
The Fair Work Commission found that an employee who resigned after his pay rise request was rejected and he was offered another job was not forced to resign. The FWC ruled that dissatisfaction with a management decision does not equate to constructive dismissal.
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