Publications > Employment & Industrial Relations

Rostron Carlyle prepares legal articles and papers for its clients on various areas of law.
The latest publications are listed below.

Employment & Industrial Relations


    “How stupid do you need to be to be sacked?  The importance of good policies” Objective and fair investigations A Perth airport baggage handler was successful in an application for unfair dismissal when he was sacked for posting a remark on social media saying “we all support ISIS”. The baggage handler argued > Read More

  • Director’s liability for underpayment of employees

    As per the current Fair Work Ombudsman speech to Sydney’s Australian Human Resources Institute late July this year, the Fair Work Ombudsman has brought a number actions against directors under the accessorial liability provisions contained in the Fair Work Act 2009 (Cth) (FWA). The Fair Work Ombudsman noted that the numbers of > Read More

  • Failure to provide proper training led to unfair dismissal

    In Vernon v Electricity Networks Corporation , a worker who had been moved into a different role was found to have been unfairly dismissed because the employer had failed to give him timely and proper skills training to do his job to the required standard. Mr Vernon’s employment as a Property Specialist, > Read More

  • Look Out – It’s That Time of the Year Again

    It’s amazing how adding a little (or a lot) of alcohol can magically affect an individual’s behaviour. Rarely is the transformation a stunning improvement in the eyes and ears of those around the person. Mostly it’s a case of keeping ones’ distance from the affected person and sometimes deflecting unwanted or inappropriate > Read More

  • An Employers duty to avoid psychiatric injury to an Employee

    In Woolworths Ltd v Perrins,(2015) QCA 207, the Queensland Court of Appeal examined the scope and extent of an employer’s duty of care to avoid psychiatric injury to an employee. The facts were that the employee had a troubled past of drug use, sexual abuse and imprisonment before commencing employment. He did > Read More

  • You’re a complete d**k! Can you be sacked for swearing?

    Swearing in the workplace and calling your boss derogatory names is always a risky proposition at the best of times, but will it always lead to dismissal? Some recent authorities suggest that it may not, and show the difficulty in deciding appropriate discipline for the use of insulting and derogatory language in > Read More

  • When is an employer vicariously liable for the unauthorised acts of its employees?

    The decision in Blake v JR Perry Nominees Pty Ltd [2012] VSCA 122 has reiterated that an employer is not liable for the unauthorised actions of its employees, within the workplace, so long as the action was beyond its reasonable control. An incident took place at the Portland Docklands in Melbourne, following > Read More

  • Challenging an employers professional practices may be a “workplace right”

    In a decision that many employers might find alarming, the Federal Circuit Court has refused to throw out an adverse action application by an employee who was dismissed for challenging his employer’s professional practices. See Evans v Trilab Pty Ltd [2014] FCCA 2464 (30 October 2014) Judge Toni Lucev found soil and > Read More

  • High Court Rejects the Implied Term of Mutual Trust and Confidence in Employment Contract

    In Commonwealth of Australia v Barker, the High Court unanimously allowed an appeal from the Full Federal Court of Australia and in doing so, rejected the proposition that an employment contract contained an implied term of mutual trust and confidence. In this case, the Respondent was terminated by reason of redundancy. At > Read More

  • Workplace Bullying and Performance Management

    From the 1 January 2014, new workplace bullying laws became a part of the Fair Work Act 2009 (Cth). These laws entitle workers to apply to the Fair Work Commission (FWC)  alleging that they have been bullied in the workplace. The current state of play Before these laws were introduced, workers had > Read More

  • What to consider when hiring a contractor

    When hiring contractors, it is important to distinguish whether a person is a contractor or actually considered an employee, as there are certain taxation, superannuation and workers compensation rules attached to hiring employees as opposed to contractors. A person is a Contractor if: They advertise their services to the public at large > Read More

  • Employers Asking for Facebook Passwords

    Job Interviewing Trend: Employers Asking for Facebook Passwords Emerging recently from the United States is a somewhat unnerving trend of employers requesting current or potential employees to divulge their Facebook passwords during interviews, or as a condition of their continuing employment.  The issue has prompted United States senators to call for enquiry > Read More

  • Employment Contracts – Awards

    At Rostron Carlyle, we believe that when it comes to Employment, a well drafted contract is extremely important. It should cover all aspects of the person’s employment, including Awards. Awards refer to the wages that an Employee is entitled to during the course of their employment. Minimum Wages Employees are entitled to > Read More

  • Misleading statements made prior to employment

    In circumstances where statements are made prior to a potential employee being employed, employers need to be aware of the importance of ensuring that such statements do not mislead the potential candidates. This is due to the result that was reached in Moss v Lowe Hunt & Partners where an employee’s company > Read More

  • Do organisational policies form part of the contract of employment?

    Organisational policies are commonplace.  The question is whether employees are bound by their terms and whether organisations would like them to be bound. Whist every case needs to be decided on its own facts, the case of Peter Willis v Health Communications Network Ltd (No 2) [2008] NSWCA 2 (8 February 2008) > Read More

  • Fair Work Information Statements – requirements start 1 January 2010

    Australia’s new workplace relations system Employers need to provide Fair Work Information Statement (FWIS) as part of the National Employment Standards (NES) created under the Fair Work Act 2009 (Cth) (Act). As of 1 January 2010, the NES will apply to all employees covered by the national workplace relations system, regardless of > Read More