Australia: Have you ever had an employee lie about their qualifications in a job interview?

The Fair Work Commission has ruled that a mechanic who mislead his employer about his qualifications in a job interview was justified in terminating his employment for, among other things, failing to fulfil the inherent requirements of the job.

In the job interview the mechanic told the employer that he did not hold a formal trade qualification, but that he only had six training modules to complete.

After approximately eight months the mechanic asked for a […]

By | October 26th, 2014 ||

Australia: High Court – there is no "term as to trust and confidence" implied into employment contracts

On 10 September 2014, the High Court overturned Federal Court decisions which allowed the general implication into employment contracts of a term requiring the employer to act so as to avoid damaging the relationship of trust and confidence with the employee.

In the case of Barker v Commonwealth Bank of Australia, the bank had managed a redeployment process following on Mr Barker’s redundancy in a very slapdash manner. The Bank sent communications to Mr Barker […]

By | October 26th, 2014 ||

United States: The California Divide: Federal Courts Refuse To Follow State Supreme Court's Iskanian Decision

One of the last barriers to full enforcement of arbitration agreements with class action waivers sustained another blow last week.  A California federal district court disagreed with the California Supreme Court in holding that an employment arbitration agreement can waive an employee’s right to pursue a representative claim under the state’s Private Attorney General Act (“PAGA”).  Langston v. 20/20 Companies, Case No. EDCV 14-1360 JGB (C.D. Cal. Oct. 17, 2014).

It is well known by […]

By | October 25th, 2014 ||