The Law

Butterworths Legal Express

Recent Employment Cases

QUEENSLAND
Craig v Qantas Airways Ltd - Supreme Court, Qld - Helman J - 12 Oct 2001 [2001] QSC 385, 29 pages
Employer’s liability - Liability to worker for psychiatric injury - Safe place of work.

SOUTH AUSTRALIA
AMEC Engineering Pty Ltd v Shanks - Supreme Court, SA, Full Court - Debelle, Williams and Wicks JJ - 9 Aug 2001 [2001] SASC 257, 18 pages
Termination of employment - Construction of employment contract - Construction of inconsistent clauses - Appeal against decision by district court - Trial judge found contract of employment was wrongfully terminated by employer and awarded damages

WESTERN AUSTRALIA
Parker v Tranfield - Supreme Court, WA, Full Court - Kennedy, McKechnie and Hasluck JJ - 7 Aug 2001 [2001] WASCA 233, 20 pages
Termination of employment - Jurisdiction of Western Australian Industrial Relations Commission - Employee carried out duties outside Western Australia - Appeal against decision of Full Bench of Western Australian Industrial Relations Commission - Employee worked at two overseas locations.

COMMONWEALTH
Crozier v Australian Industrial Relations Commission - Federal Court of Australia, Full Court - Gray, Branson and Kenny JJ - 1 Aug 2001 [2001] FCA 1031, 9 pages
Termination of employment - Capacity of employee - Procedural fairness - Application for writs of certiorari and mandamus - Whether termination of employment harsh unjust or unreasonable.

VICTORIA
Director of Public Prosecutions v Esso Australia Pty Ltd - Supreme Court, Vic - Cummins J - 30 Jul 2001 [2001] VSC 263, 13 pages.
Occupational health and safety - Failure to conduct adequate hazard identification - Failure to adequately train employees about risks - Employer convicted of 11 breaches of (VIC) Occupational Health and Safety Act 1985 ss 21 and 22 - Convictions arose from explosion at gas processing plant.

Recent Industrial Law Cases

COMMONWEALTH
Civil Air Operations Officers’ Association of Australia v Airservices Australia - Federal Court of Australia - Ryan J - 12 Oct 2001 [2001] FCA 1435, 13 pages
Enterprise agreements - Terms and conditions - Interpretaton - Application for determination of preliminary question - Letter of agreement concerning staffing principles.

COMMONWEALTH
Australian Building Construction Employees & Builders’ Labourers’ Federation v Employment Advocate 2001 - Federal Court of Australia, Full Court - Lee, Finn and Merkel JJ - 18 Oct 2001 [2001] FCA 1443, 21 pages.
Trade unions - Freedom of association - Prohibited conduct - Appeal by union and union official against trial judge’s declaration that both breached (CTH) Workplace Relations Act 1996 s 298S(2)(c) - Appeal by Employment Advocate against trial judge’s decision to dismiss its other claims of breaches of Part XA of Act.

COMMONWEALTH
Spastic Society of Victoria Ltd v Ardelle - Federal Court of Australia, Full Court - Wilcox, von Doussa and Finkelstein JJ - 18 Oct 2001 [2001] FCA 1457, 9 pages
Awards - Award interpretation - Correct method of calculating employees’ wages entitlements - Appeal against declaration by single Federal Court judge that employer breached two awards by not paying employees correctly - First respondent was employed as 24 hour supervisor of home which cared for severely disabled young people.

COMMONWEALTH
Hayman Reese a Division of Trimas Corp Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 2001. - Federal Court of Australia - Goldberg J - 5 Sep 2001 [2001] FCA 1279,12 pages
Industrial relations - Industrial action - Application for interlocutory relief - Applicant’s employees stopped work and commenced picket line - Whether contravention of ss 170MN and 170NC of Workplace Relations Act 1996.

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