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McCulloch v Calvary Health Care Adelaide
[2015] FWCFB 873
Citation 1
…h any certainty, how long a period an unfairly dismissed employee would have continued in employment, but for their dismissal. In McCulloch v Calvary [2015] FWCFB 873 , the Full Bench of the Commission put it this way and said at para [27]:…
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Sharp v BCS Infrastructure Support Pty Limited
[2015] FWCFB 1033
Citation 2
…terminative of whether an act of serious misconduct constitutes a valid reason for dismissal. In Sharp v BCS Infrastructure Support Pty Limited [2015] FWCFB 1033 , the Full Bench of the Commission said at para [33]-[34]:…
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Bowden v Ottrey Homes Cobram and District Retirement Villages
[2013] FWCFB 431
Citation 3
…igg formula), was considered by a Full Bench of the Commission in Bowden v Ottrey Homes Cobram and District Retirement Villages Inc. t/a Ottrey Lodge [2013] FWCFB 431 (‘ Ottrey ’); see also: Sprigg v Paul’s Licensed Festival Supermarket (1998) 88 IR 21 (‘ Sprigg ’) and Ellawala v Australian Postal Corporation [1999…
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Construction, Forestry, Mining and Energy Union v Hamberger and Another
[2011] FCA 719
Citation 4
…ment of the appropriate weight of each criterion in the circumstances. In Construction, Forestry, Mining and Energy Union v Hamberger and Another (2011) 195 FCR 74, Katzmann J pointed out that ‘[t]o take a matter into account means to evaluate it and give it due weight’ and that ‘mere advertence will not be enough’.…
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Concut Pty Ltd v Worrell
[2000] HCA 64
Citation 5
…[109] In Concut Pty Ltd v Worrell (2000) 103 IR 160, His Honour, Kirby J, dealt with the ordinary relationship of the employer and employee at common law and said at para [51]:…
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Nettleford v Kym Smoker Pty Ltd
[1996] IRCA 469
Citation 6
…See also: Nettleford v Kym Smoker Pty Ltd (1996) 69 IR 370.…
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Yew v ACI Glass Packaging
[1996] IRCA 364
Citation 7
…is concerned with whether the misconduct in fact occurred, not with whether the employer has reasonable grounds to believe that it occurred (eg. Yew v ACI Glass Packaging Pty Ltd (1996) 71 IR 201, Sherman v Peabody Coal Ltd (1998) 88 IR 408; Australian Meat Holdings Pty Ltd v McLauchlan (1998) 84 IR 1).…
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Borland v First 5 Minutes Pty Limited
[1995] IRCA 369
Citation 8
…as been considered in a number of well known authorities (although characterised in slightly different ways). In North v Television Corporation Ltd , (1976) 11 ALR 599 Franki J said at p 616:…
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Gibson v Bosmac Pty Ltd
[1995] IRCA 222
Citation 9
…[119] Nevertheless, procedural fairness steps should be applied in a commonsense and practical way. In Gibson v Bosmac Pty Ltd (1995) 60 IR 1 (‘ Gibson ’), Wilcox CJ said at [7]:…
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Bostik (Australia) Pty Ltd v Gorgevski (No 1)
[1992] FCA 271
Citation 10
…h as age, length of service, employment record, contrition or personal and family circumstances. In Bostik Australia Pty Ltd v Gorgevski (No 1) [1992] FCA 271; 36 FCR 20, the Federal Court of Australia Industrial Division said at [37]:…
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Briginshaw v Briginshaw
[1938] HCA 34
Citation 11
…in this case). While this evidentiary onus must be discharged on the civil onus of proof (on the balance of probabilities); Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 (‘ Briginshaw ’), the more serious the allegation, the higher the burden on the employer to prove the allegation. In Neat Holdings P…
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Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd
[1992] HCATrans 297
Citation 12
…more serious the allegation, the higher the burden on the employer to prove the allegation. In Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 , the High Court said:…