During 2022 there were a number of important decisions handed down by Australian Courts and Tribunals that contributed to the ever growing body of workplace law that is essential knowledge for all HR and General Counsel. We summarise seven of the most interesting decisions in this article.
1. Employer penalised for exhausted employee: On 28 October 2022 in the decision Australasian Meat Industry Employees Union v Dick Stone Pty Ltd (No 2) [2022] FCA 1263, the Federal Court found that a meat wholesaler company hand unreasonably required or requested an employee to work 50 hours a week (i.e. 12 hours over and above the 38 hours a week maximum) in contravention of section 62 of the Fair Work Act 2009 (Cth). Section 62(2) provides that an employee may refuse to work additional hours if they are unreasonable. The Court held the additional weekly hours were unreasonable because they posed health and safety risks (the employee often started work at 2 a.m. and worked with knives and machines to cut and dismember meat) and was often tired and exhausted. The employee was also not paid correct overtime in accordance with the applicable award. The employer was ordered to pay civil penalties of $93,000 to the employee.
2. Unconscious bias led to lower salary for female compared to male equivalent: On 11 April 2022 in Tsikos v Austin Health [2022] VSC 174, the Supreme Court of Victoria held that “unconscious bias” (resulting in women being paid less than their male counterparts) can...
WARNING: Graphic content A woman who alleged that Jay-Z raped her when she was 13 has said she made “false accusations” and never met the U.S. rapper, according to a court filing seen Friday. The w...