Employee performance issues – beware of Award provisions
A recent matter before the IRC provides a timely reminder to all Councils of the need to carefully take into account the detailed...
Deputy Mayor’s private remarks about gays held to have amplified impact due to position on Council
A recent NCAT appeal decision has confirmed the circumstantial relevance of a person’s status as a councillor when considering the impact...
Seeking a costs order in the IRC? Perhaps don’t bother
Two recent matters heard by the NSW Industrial Relations Commission highlight the need for great care in seeking cost orders. Both cases...
Tribunal reaches differing decisions on Working with Children Checks
In March 2018 the NSW Civil and Administrative Tribunal handed down two separate decisions dealing with applications from disqualified...
Tribunal orders local council to provide CCTV footage to member of the public
In a decision handed down on 29 September 2017, the NSW Civil and Administrative Tribunal set aside Wollondilly Shire Council’s decision...
WHS investigation into misconduct matters insufficient to justify dismissal
In a decision handed down on 27 July 2017, the Industrial Relations Commission ordered the reinstatement of a Council Ranger who had been...
Disciplinary measures must be proportionate to misconduct
The decision to suspend a Marrickville Councillor from civic office for two months due to misconduct has been overturned by the NSW Civil...