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These are EMA’s pick of the most interesting and relevant cases reported in the last month and over the holiday period. Please note that these are summaries only, and should not be relied upon in place of the full judgment. If you would like clarification on any of the judgments, or wish to know how a particular case may apply to a matter you currently have, please contact one of our consultants.

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Stewart v Marine Manning Services Pty Ltd [2018] FWC 21 (8 January 2018)
Industry: Maritime
Type: Unfair dismissal
Summary: Three employees made redundant after the termination of a contract for the vessel on which they were employed. The employees were notified, but there was no consultation process.
Outcome: Held that the dismissal was unreasonable because there was no consultation. Ordered compensation.

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Costelloe v Origin Energy Resources Limited [2018] FWC 319 (19 January 2018)
Industry: Energy
Type: Unfair dismissal (application for costs)
Summary: Employee pursued unfair dismissal lodged after 21 days despite receiving clear legal advice on the unfair dismissal process, including time frames.
Outcome: Costs awarded to the employer, but significantly reduced due to excessive and unnecessary legal costs (eg interstate travel costs for counsel).

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Brooks v Wambo Open Cut Pty Ltd [2018] FWC 569 (25 January 2018)
Industry: Mining
Type: Unfair dismissal
Summary: Haul truck driver injured at work, unable to return to full work duties after approximately 29 months of modified duties. Dismissed due to an inability to perform the inherent requirements of position.
Outcome: Valid reason for dismissal. Employer sent letters to employee’s old address, despite the fact that they had her new address on file. Harsh and unreasonable, given these procedural deficiencies. Compensation ordered.

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