Blogs

• Workplace Bullying: Reasonable Management Action - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5413.htm Question: what do you do with a self-confessed “strong-willed person” who firstly files for a adverse/protected action whilst at work; then a workers compensation for the denial of a… ...
• Unfair Dismissal: Dismissed Casual Reinstated (Poor timekeeping and performance) - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5408.htm As indicated in the headline, this the nightmare that faces employers who have been accused of unfair dismissals: reinstatement. The decision is also worrying in that Commissioner Spencer took… ...
• Unfair Dismissal: Genuine redundancy – Reasonable to redeploy - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc4818.htm This is case where Commissioner Johns found that the redundancy was not genuine because (despite the respondent arguing otherwise) there was an opportunity for redeployment to a similar position… ...
• Unfair Dismissal: Not a Genuine Redundancy - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5567.htm I don’t know about you, but I cringe when I am to defend an employer who receives an unfair dismissal notification where the applicant has been made redundant. There… ...
• Fair Work Commission Representation by Lawyers or Paid Agents - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc5577.htm In relation to (mainly) unfair dismissals and adverse action claims, the Fair Work Act provides that there is no automatic right for a lawyer or so-called “paid agent” to… ...
• Unfair Dismissal: Reinstated at $29 per week, and…appealed (fail). - This matter involves a “pelican feeder” who worked one hour per week ($29.00) who was reinstated to his former position; but not before Commissioner Gregory analysed the matter VERY thoroughly… ...
• Unfair Dismissal: Clocking on for another employee a no-no. - https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc4629.htm As the title suggests, the dismissal of an employee who was caught clocking on for another employee, was found to be fair and reasonable by the Fair Work Commission.… ...
• Unfair Dismissal: Out of time/Extension of time (the full story) - As you already may know, your ex-employees have a time limit for prosecuting for an unfair dismissal or adverse action. This time limit is 21 days. This is a very… ...
• Unfair dismissal: Casual Employee’s Refusal to abide by fingerprint scanning – 5 hearings, maximum compensation, and threat by the FWC of 12 month’s jail for ex-employee - Greg Reiffel Industrial Relations & Human Resources Consulting has been providing the following services to businesses for over 30 years: General HR and IR advisory service. Fair Work Commission representation… ...
• Lawyer warns that employers can be held liable for their employee trolls - The full article can be located here: http://www.mondaq.com/article.asp?articleid=822638&email_access=on   I have reproduced it here for your convenience…   Defamation and corporate Facebook pages – a company can be deemed the… ...
• Lawyer warns of personal liability in General Protections claims - Last Updated: 3 July 2019. Coleman Greig Lawyers.   This very informative article can be found at: http://www.mondaq.com/article.asp?articleid=821516&email_access=on   I have reproduced it in full here for your convenience…  … ...
• Lawyer warns on providing references for (ex)employees - This very informative article can be found at: http://www.mondaq.com/article.asp?articleid=823786&email_access=on   I have reproduced it here for your convenience.   Read on…   Employers beware: If you can’t say anything nice,… ...
• Unions are able to access non-member records - Did you know that the Fair Work Act provides (s.483AA) that a union can apply to have an employer provide access to its employees’ records – regardless of whether that… ...
• Unfair Dismissal: Threatening & abusive behaviour (Game of Thrones defence rejected) - Michael Nicholaou v OZCARE. (U2019/1296) [2019] FWC 3500. Lake DP. 5 July 2019. https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc3500.htm   The Applicant commenced working for the Respondent in early 2011, transitioning from what the Applicant… ...
• Unfair Dismissal: Reinstatement to former position of sacked church worker - Michael Crowley v Trustees for the Roman Catholic Church, Archdiocese of Canberra and Goulburn. (U2018/7289) [2019] FWC 4643. Dean, DP. 10 July 2019. https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc4643.htm Introduction   Mr Michael Crowley was… ...
• $243,000 penalties for underpayments, false records - Fair Work Ombudsman , 8 July 2019 Press Release The Fair Work Ombudsman has secured penalties of $243,000 against the operators of several retail fruit and vegetable and flower stores… ...
• Fair Work Commission finalises Annual Wage Arrangements modern award clause -  (AM2016/13) [2019] FWCFB 4368. Hatcher, VP; Dean; DP; Saunders, DP. A Full Bench of the Fair Work Commission has published its preferred option for the annualisation of employee wages. That… ...
• Unfair Dismissal: Workplace Aggression – Ali dismissal “valid” but “unfair” - Haider Ali v Chobani Pty Ltd. (U2019/1734) [2019] FWC 4406. McKinnon, C. 25 June 2019 https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc4406.htm This is matter of conflicting stories, a company’s failure to Advise of its policies,… ...
• Unfair Dismissal: Annual leave day refused – taking a sickie same as resignation - Jack Lipari v YPA Estate Agents Pty Ltd  (U2019/919). [2019] FWC 3546. Hampton, DP. 13 June 2019. https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc3546.htm   In a nutshell, this (ex) employee told his employer that he… ...
• Workplace Relations: Changes effective 1 July 2019 -   There are a number of important changes that come into operation from 1 July 2019, including:   Changes to applications for a Right of entry permit Changes to application… ...