Chamber of Commerce and Industry

CCI Matters in Western Australian Supreme Court
Supreme Court criticises Equal Opportunity Tribunal
Employer fails to follow own policy
Medical Certificates
Casual only entitled to one hour’s notice
Discrimination
Miscellaneous
New staff member
Additional subscribers

CCI Matters in Western Australian Supreme Court

Geoff Bull, Manager Redundancy payments clarified The issue of whether an employee who is made redundant is entitled, as a matter of law or merit, to a redundancy payment has finally been determined by the Full Court of the Supreme Court of Western Australia. In the matter of E-Path v Adriansz, ...

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Supreme Court criticises Equal Opportunity Tribunal

Justice Pullen of the Supreme Court of Western Australia has strongly criticised a decision of the Equal Opportunity Tribunal. The matter came before the Supreme Court on appeal filed by CCI Legal Services against a decision of the Tribunal stating an employer had unlawfully discriminated ag...

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Employer fails to follow own policy

David Jones, Senior Consultant A Full Bench of the Western Australian Industrial Relations Commission has determined that, notwithstanding an employee’s refusal to submit to a random drug and alcohol test, the employer’s failure to act in compliance with its own policy made the dismissal of the emp...

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Medical Certificates

Medical certificate upheld A Qantas baggage handler was found to have been unfairly terminated when the employer acted on information that contradicted the employee’s medical certificate. After injuring his back, the employee produced a medical certificate stating he was totally incapacitat...

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Casual only entitled to one hour’s notice

Josephine Auerbach, Solicitor An employee who worked for a period of 11 months on full time hours but was engaged as a casual claimed his dismissal was unfair because he was given no performance warnings and there was still work to do. The employee’s Union argued that due to the length of employm...

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Discrimination

Termination for absences unfair An employee who took 32 days sick leave mostly with a medical certificate in his first six months of employment has had his termination deemed unfair by the Australian Industrial Relations Commission. The employee was warned in relation to his excessive absen...

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Miscellaneous

No intention to create employment relationship The South Australian Industrial Relations Court has dismissed an application for non-payment of wages on the basis the parties had not intended to create a legal relationship. The Applicant had married and lived and worked as a station hand on his pa...

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New staff member

Martina Ivanovski has joined the Legal Services Team. Martina completed her Bachelor of Laws Degree at the University of Notre Dame and spent time with Phillips Fox and Kitto and Kitto. ...

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Additional subscribers

If you would like to add one of your employees to the subscriber list for this update service, please contact 9365 7576 or e-mail: legalservices@cciwa.com...

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