Search employment law articles and guides

Although the written agreement called Mr Takaloo an independent contractor, the ERA found that the real nature of his relationship with Kaur Queens Trading Limited was employment.

The ERA found constructive dismissal, unjustified summary dismissal and unjustified suspension.

The ERA accepted that the redundancy was not a sham and that Rooney Earthmoving had genuine work and financial concerns.

The ERA found that Prishal failed to pay her in full despite her raising the issue, did not produce compliant wage and time records, and unjustifiably disadvantaged her.

Philip Powell was employed by OH and N Contracting Limited as a site foreman in a logging operation.

The ERA accepted there was some genuine business basis for redundancy because the logging work was nearing completion, the company had not secured other work, and the need for workers was reducing.

The ERA found unjustified dismissal and unjustified disadvantage.

The ERA rejected constructive dismissal, finding the school was entitled to rely on the reason given in the resignation letter.