Disputes, Liabilities, Case Law

Unfair dismissal; Conflict resolution; Adverse action claims; rights and responsibilities; Accessorial liability

Full Bench upholds Bupa’s right to change rosters in line with resident care needs

Read why the Full Bench upheld Bupa’s right to change the rosters of over 2,200 part time employees across its 29 aged care homes in NSW in this article by Calum Cook – Bupa A&NZ’s Deputy General Counsel – Care Services, Employment and Litigation.

Intoxicated worker unsuccessfully sues for employer’s request for alcohol screening

In Pere v Central Queensland Hospital and Health Service [2017] QDC 2, Mr Pere, a Fire Safety and Security Officer at the Gladstone Hospital, presented to work in what appeared to be an intoxicated state. He was requested to attend the emergency department of the Hospital to undertake blood and urine tests. The results of the tests established a four times the legal limit.

Three recent decisions of the Fair Work Commission (FWC)

Simon Billing of Corrs Chambers Westgarth writes about three recent decisions of the Fair Work Commission (FWC), which serve as a reminder to employers that “despite there being a valid reason for the dismissal of an employee, a range of other factors can lead to a finding of unfairness”. Read seven important questions to carefully consider.