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Anti-discrimination

Goldman v Inner West Council

The Tribunal dismissed Ms Goldman’s sex discrimination complaint against Inner West Council and her victimisation complaint against Mr Ryan.

  • Sex discrimination in recruitment
  • Victimisation
  • Merit-based selection
  • Circumstantial evidence
  • Compensation
  • Sex-discrimination
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Employment

Teachers’ (NSW Health Early Childhood Service Centres) Salaries and Miscellaneous Conditions Award 2023 – Award Variation

Teachers’ (NSW Health Early Childhood Service Centres) Salaries and Miscellaneous Conditions Award 2023 – Award Variation [2024] NSWIRComm 1076

The Commission varied by consent the 2023 NSW Health early childhood teachers award, increasing salaries and related allowances by 3% from 1 July 2024.

  • Awards
  • Enterprise agreements
  • Variation
  • Award-variation
  • Industrial-relations
  • Employment-law
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Employment

Atanaskovic Hartnell Corporate Services Pty Limited v Kelly

Atanaskovic Hartnell Corporate Services Pty Limited v Kelly [2024] FCAFC 137

The Full Court allowed an appeal because the trial judge’s reasons on the cross-claims largely reproduced one party’s submissions without independent analysis.

  • Federal court procedure
  • Fair work act 2009 (cth)
  • Damages for breach of employment contract
  • Judicial reasons
  • Judicial copying
  • Cross-claim procedure
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Practice and procedure

Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation

Orica Australia Pty Ltd v Coal Mining Industry (Long Service Leave Funding) Corporation [2024] FCA 1104

The Federal Court granted Dyno Nobel leave to intervene in Orica’s appeal, limiting its participation to additional submissions on appeal grounds 1 and 2.

  • Leave to intervene
  • Intervention in appeals
  • Eligible employees under s 4 coal mining industry (long service leave) administration act 1992 (cth)
  • Leave-to-intervene
  • Intervention-in-appeals
  • Practice-and-procedure
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Employment

Hallam v Tancred

Hallam v Tancred [2024] FCA 837

The Federal Court allowed an appeal and held that an informal small-business arrangement was not an employment relationship, but a partnership or prospective partnership.

  • Employment contract formation
  • Partnership law
  • Fiduciary duties
  • Employee status
  • Contractual intention
  • Fair work act contraventions
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Human rights

Galstaun v Adept Underpinner Pty Ltd

Galstaun v Adept Underpinner Pty Ltd [2021] NSWCATAD 75

The Tribunal found age discrimination in employment after a job inquiry call, awarding compensation and aggravated damages.

  • Age discrimination
  • Employment selection
  • Compensation
  • Aggravated damages
  • Age-discrimination
  • Employment-discrimination
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Corporations

In the matter of Branded Media Holdings Pty Limited (in liquidation); In the matter of Brand New Media Pty Limited (subject to a Deed of Company Arrangement)

In the matter of Branded Media Holdings Pty Limited (in liquidation); In the matter of Brand New Media Pty Limited (subject to a Deed of Company Arrangement) [2020] NSWSC 557

The Court held that Brand New Media Pty Ltd, not Branded Media Holdings Pty Ltd, was the true employer of specified employees as at 27 April 2016.

  • Winding up
  • Identity of employer
  • Employee entitlements
  • Corporate groups
  • Identity-of-employer
  • Insolvency-directions
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Employment

Tomvald v Toll Transport Pty Ltd

Tomvald v Toll Transport Pty Ltd [2018] FCA 969

The Court partly struck out a second employment claim as relitigation of a decided 4.00 am start-time issue, but allowed three later-arising claims to proceed.

  • Enterprise agreement conversion
  • Adverse action
  • Pleadings strike out
  • Issue estoppel
  • Res judicata
  • Abuse of process
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Contracts

Pet Tech Pty Ltd v Batson

Pet Tech Pty Ltd v Batson [2013] NSWSC 1954

Employment and confidentiality dispute dismissed because the plaintiff failed to identify confidential information with sufficient specificity or show continuing misuse.

  • Restraint of trade
  • Confidential information
  • Burden of proof
  • Enforceability of contract terms
  • Confidential-information
  • Employment-restraints
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Industrial law

United Services Union and Liverpool City Council

United Services Union and Liverpool City Council [2013] NSWIRComm 1021

The Commission held Liverpool City Council did not breach the Award by contracting out rural litter and dead animal collection, because cll 35 and 36 were not engaged.

  • Contracting out
  • Workplace change and redundancy
  • Consultation obligations
  • Interpretation of the award clauses
  • Competitive tendering
  • Contracting-out
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.