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News 

26 Sep 2019

The NSW Supreme Court has recently handed down an important decision on the ability of Councils to discipline councillors for misconduct arising from Code of Conduct complaints made against them. The decision of Basten J confirmed the Local Government Act 1993 (NSW) genera...

9 May 2019

The Supreme Court of NSW has recently confirmed the right of Councils to use the notice provisions of the Standard Contract of Employment General Managers of Local Councils in NSW to terminate a CEO, and not be bound to otherwise undertake prior action under its disputes r...

9 May 2019

Background

The applicant, Mr Graham Smith, claimed he had been unfairly dismissed by the Department of Industry following five allegations of misconduct being sustained against him. This misconduct included a failure to adhere to multiple formal directions requiring him to...

2 Aug 2018

The Full Bench of the Fair Work Commission has rejected a CFMEU demand for an employer to either continue paying or find alternative work for an employee who had lost his driving licence. Instead, the Full Bench confirmed employees have an obligation to be ready, willing a...

24 Apr 2018

In March 2018 the NSW Civil and Administrative Tribunal handed down two separate decisions dealing with applications from disqualified persons seeking Working with Children Checks. These decisions highlight the way the Office of the Children’s Guardian is likely to assess...

9 Apr 2018

In a decision handed down on 23 February 2018, the Industrial Relations Commission refused to grant an interlocutory application for interim reinstatement of a public servant dismissed by his employer despite filing an application claiming threatened dismissal immediately...

19 Oct 2017

In a decision handed down on 26 September 2017, the Industrial Relations Commission imposed a cap on the period of demotion for a Corrective Services Assistant Superintendent following incidents of unsatisfactory performance.

Facts

Mr Frank Cunningham was employed by the Dep...

24 Aug 2017

A growing number of matters being dealt with by the Fair Work Commission (FWC) and other tribunals demonstrate that many employers are exposing themselves to great risk of unwanted employee claims by changing the work or contract conditions of employees on or returning fro...