Blogs

• Unfair dismissal: Security Technician taking parts without permission and secret recordings - Unfair dismissal, breach of policy, covert recording, further evidence AFTER the dismissal all leads to an interesting case. ...
• Unfair Dismissal: Sleepy sailor sacked - A ferry captain asleep on the job, baling coup syrup, does not hold water. ...
• Unfair Dismissal: Lazy Security Guard(s) fairly dismissed - This is case FOR ensuring that proper, enforceable operating procedures are in place. ...
• Fair Work Commission: “legal Privilege” extended to paid agents - Stay of decision allowed on the basis of "fishing expedition". ...
• Unfair Dismissal: Child Care Manager unfairly dismissed, but no compensation - Whilst finding that the applicant was unfairly dismissed, the Commissioner did not apportion one cent of compensation. ...
• Wine company sacks 72-year-old salesperson for not meeting non-existent KPI’s - On reflection, if this matter was prosecuted under anti-discrimination legislation, which has no defined penalty limit, I believe that the company involved was lucky with the outcome. ...
• (Another) Christmas party gone wrong - Food and transport paid for by the employer. A supervisor and two employees involved in a punch-up, and comments about fake boobs. Yes folks, it is that time of year… ...
• “Wage theft” is bad for ALL businesses - "Wage theft" is to be enshrined in law. Be proactive and ensure that you pay your workers correctly and report those businesses who don't! ...
• Business fined $398,520 for underpaying two workers - A travel agent has received a huge fine from the Federal Circuit Court for the underpayment of two migrant workers. Lesson: make sure you are paying your employees per the… ...
• What happens when an employee fails to attain the necessary qualifications? - This matter involves a casual employee who was dismissed for failing to secure the necessary qualifications to enable her to continue in the role of a Pastoral Care Worker. Despite… ...
• What do sex toys, butter knives and provocative selfies have in common? - A fly-in/fly-out female mine worker was validly dismissed according to the Fair Work Commission. However, the fatal flaw was not following the company’s enterprise agreement. The Commission also helpfully defines… ...
• Milko dismissed for taking annual leave not unfair - Can your employees take annual leave as long as they give you plenty of notice? Or do you have busy period where annual leave cannot be taken? Are these restriction… ...
• Excessive working hours lead to unfair dismissal - Whilst this matter was to determine whether the applicant resigned or was forced to resign, my focus will be on how the working of excessive hours led to (a) the… ...
• Lying, thieving employee survives “costs” application by his former employer - The applicant lost his unfair dismissal application against his former employer. The former employer then decided to institute proceeding against its former employer in the Fair Work Commission. Whilst his… ...
• Jailed employee makes unfair dismissal application - Full decision: https://www.fwc.gov.au/documents/decisionssigned/html/2019fwc6009.htm If you wish to keep up to date on employee relation issues, please subscribe to my free newsletter here. Introduction I have published the weird and wonderful,… ...
• Industrial Manslaughter: going to jail for the death of an employee - As I predicted in earlier edition, the spectre of “industrial Manslaughter” is soon to become reality to Victorian employers, with the premier, Dan Andrews issuing the following press release: "Neil… ...
• Changes to public holiday substitution rules - Full decision: https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb5145.htm If you wish to keep up to date on employee relation issues, please subscribe to my free newsletter here. On 4 October 2019, terms allowing an employer… ...
• Overtime and casual loading - If you wish to keep up to date on employee relation issues, please subscribe to my free newsletter here.  Coming to an award near you, soon. Stop the presses. The… ...
• “In-sourcing” – the pitfalls - How to hire a contractor's employee. ...
• How to treat requests for flexible working arrangements - One of your employees requests reduced hours and extra annual leave. What do you do? ...