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Duty of care includes protecting employees from violence outside of work - Click To Read Article
The NSW Court of Appeal recently upheld a decision of the District Court that a Company had breached its duty of care to an employee by not sacking or disciplining an employee ("the shooter") about his outbursts at work, in circumstances where the shooter later shot another employee three times with a gun outside work hours in a street outside the workplace.

Employer successfully questions an employee’s medical certificate - Click To Read Article
In a recent case before the Federal Magistrates Court it was determined that the sacking of an employee for not attending work was lawful, despite the fact that the employee had a medical certificate which permitted the employee to not attend work.

Flawed investigation leads to monetary compensation for former employee
- Click To Read Article
In a recent unfair dismissal case brought before the AIRC, the AIRC found that while an employee's conduct warranted dismissal, the dismissal was nevertheless harsh, unjust and unreasonable because of the procedural fairness failures by the Company.

Conducting a faulty investigation can lead to an employee’s success in an unfair dismissal claim
- Click To Read Article
The AIRC ordered Melbourne’s St Vincent Hospital to reinstate an employee and ordered compensation for lost earnings after it found that a pathology courier employee’s (Ms Nicolson) dismissal was unfair.

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About the Author


Jessica Lee
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Jessica joined Australian Business Lawyers in March 2004 and is a Senior Associate with the firm. She regularly provides advice and represents clients ina wide range of employment and industrial law matters including industrial disputes, unfair contracts and unfair dismissals. Jessica has also represented the interests of various emplyoers in a number of different tribunals and Courts. Jessica’s achievements in discrimination law were awarded with the NSW Bar Association Prize for excellence in the subject Anti-Discrimination Law after her studies at University. Since then, Jessica has provided advice to clients in relation to discrimination matters and assisted in preparing responses to the relevant government bodies in the event that a discrimination claim is made. Jessica has conducted numerous independent investigations into complaints of bullying, harassment and sexual harassment and provides assistance to employers that are conducting investigations into workplace grievances and complaints.
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