High Court Decides Historic Personal Leave Case by Clarifying the Accrual Procedure

In a defining industrial law matter, the High Court of Australia has quashed arguments that personal leave is calculated based upon the number of hours a worker does per day when accruing leave under the National Employment Standard & Fair Work Act 2009. The determination by the High Court is a significant and positive decision … Read more

New WHS Regulations

The NSW Government has, as part of its review and update of state WHS laws (see https://robertslegal.com.au/nsw-health-and-safety-act-amendments-passed/), introduced new regulations dovetailing into recent changes in the Work Health & Safety Act (NSW) 2011 that all business should consider and ensure that they are compliant with. The Work Health & Safety Amendment (Miscellaneous) Regulation 2020 commenced … Read more

Downer Mining

Jeremy Kennedy acted on behalf of Downer Mining in 35 unfair dismissal applications commenced by the CFMEU on behalf of mining workers terminated from Boggabri Mine due to loss of mining contract and downsizing of workforce. Jeremy negotiated a successful outcome including the redeployment of the majority of the workforce to other Downer Mining sites. … Read more

Downer Mining (Boggabri Mine)

Jeremy Kennedy acted on behalf of Downer Mining in relation to an industrial dispute arising from a proposed changes to shift/roster where industrial action was taken on the basis of a Work Health & Safety risk due to a high percentage of the work force being drive in drive out with long distances to travel … Read more

Downer Mining (Wambo Coal Mine)

Undertook a significant investigation into allegations of fraud involving mine resources for personal use by an employee in the construction of his own home where evidence of impropriety was forensically identified, and the employee terminated and with a police investigation being undertaken. Need Help? Call Jeremy Now, 1300 553 343 By Jeremy Kennedy,Special Counsel Get … Read more

International Gaming Technologies Australia Limited

Jeremy Kennedy acted in Federal Court proceedings commenced by an employee terminated for failing to attend a medical examination with respect to Work Health & Safety risks by the employer when the request was made as a lawful direction. The Court’s Judgment resulted in a precedent case for employers to have the power to make … Read more

Boeing Australia Limited

Jeremy Kennedy undertook an internal investigation against senior managers in relation to alleged culture of bullying behaviour at a Boeing regional site resulting in a significant report and recommendations on requirements for cultural change and potential liabilities. All of the investigations and recommendations were actioned by the client and resulted in disciplinary proceedings being taken … Read more

Forbes Local Council

Jeremy Kennedy provided advice in relation to proceedings commenced by former Work Health & Safety Manager with respect to unfair dismissal, unlawful termination when terminated following a worker’s compensation claim. Negotiations resulted in the exit of the manager with no payment of compensation or damages based upon expert medical evidence obtained. Need Help? Call Jeremy … Read more

Roper Golf Regional Council

Jeremy Kennedy acted on behalf of the Council in respect of a General Protections claim commenced by the former General Manager on his termination for breaches of the Council’s Code of Conduct and financial approvals policy. Proceedings were struck out based upon submissions to the Federal Court disclosing no proper cause of action under the … Read more