ArticleCan a Misdirected Text = Dismissal?The Fair Work Commission upheld the dismissal of an employee who accidentally sent a text message to her General Manager.AustraliaEmployment and HRColeman Greig Lawyers
ArticleComcare v Banerji - Another piece in the Codes of Conduct puzzleThe Banerji decision supports employers who seek to protect their reputation from being undermined by employee conduct.AustraliaEmployment and HRColeman Greig Lawyers
ArticleCOVID-19: Jobkeeper directions updateAmong the many interesting developments considered by the President of the FWC was an analysis of the Jobkeeper disputes.AustraliaEmployment and HRKells
ArticleEmployment Law Reminder: Penalties can substantially exceed any underpayment amountPenalties for failure to comply with a Compliance Notice can be substantial against both the company and individuals.AustraliaEmployment and HRHHG Legal Group
ArticleEngineer unfairly dismissed due to lack of procedural fairnessDespite the existence of a valid reason, lack of procedural fairness can result in compensation for unfair dismissal.AustraliaEmployment and HRPeople + Culture Strategies
ArticleExtra powers to the Fair Work Ombudsman in the pipeline following the electionThe new government may consider it has a mandate to seek legislation changes to broaden the coercive powers of the FWO.AustraliaEmployment and HRHHG Legal Group
ArticleFair Work Commission allows employer to stand down employeeThe decision marks another relief for employers trying to salvage their business operations in an effort to stay afloat.AustraliaEmployment and HRKells
ArticleFair Work Ombudsman (FWO) enforcement and compliance powers on the riseA revised FWO strategy has resulted in a significant increase in the use of FWO enforcement and compliance powers.AustraliaEmployment and HRPeople + Culture Strategies
ArticleFederal Election Series: Workplace ReformsIn the lead up to the election, we will publish a series of podcasts and videos examining industrial relations and workplace issues and proposed reforms.AustraliaEmployment and HRHerbert Smith Freehills Kramer LLP
ArticleHot Off The Bench - Decisions Of Interest From The Australian CourtsA court has determined that an employee had a workplace right under the Fair Work Act 2009 to make a complaint entitling the employee to proceed with her general protections claim.AustraliaEmployment and HRJones Day
ArticleImprisonment for safety breach: First industrial manslaughter sentence in Queensland handed downThe company had not implemented any WH&S systems to protect its workers against risks to their health and safety. AustraliaEmployment and HRMcCullough Robertson
VideoInside Employment Podcast Series, Episode 7: Employment Class Actions (Video)In this episode of Inside Employment, Natalie Gaspar and Lucy Boyd are joined by HSF Kramer Disputes Partner, Melissa Gladstone to explore the rise of employment class actions in Australia and why they have become one of the fastest-growing litigation risks for employers.AustraliaEmployment and HRHerbert Smith Freehills Kramer LLP
ArticleJobKeeper claims for sole tradersThis decision of the Tribunal might help sole traders who feel that they have been unfairly denied JobKeeper payments.AustraliaEmployment and HRHolding Redlich
ArticleKey Updates: Employment Law Wrap-UpCriminalisation of wage theft and increases to penalties for underpayment.AustraliaEmployment and HRAvant Law
ArticleStand and be heard: employers precluded from making an application to be heard in a QIRC appealThe QIRC does not have the power to give an employer leave to appear in an appeal to the QIRC filed by a worker.AustraliaEmployment and HRCooper Grace Ward
ArticleUnilever Australia Trading Limited V Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union Known As The Australian Manufacturing Workers' Union (AMWU) [2018] FWCFB 4463The AMWU construed the exclusion in clause 1 to relate only to the entitlement to payment itself, not to the calculation of service under the Agreement. AustraliaEmployment and HRJones Day
ArticleUnion protests are dropped like penalty ratesThe union bid to reverse the Fair Work Commission's decision to reduce penalty rates was rejected by the Federal Court.AustraliaEmployment and HRMarque Lawyers
ArticleWhat is the correct interpretation of a day when calculating paid personal/carers leave?The High Court will consider an appeal of a controversial decision about the meaning of a 'day' for leave entitlements.AustraliaEmployment and HRCooper Grace Ward
ArticleWhat it takes to get a FWC order to stop sexual harassmentAn applicant must prove exposure to an ongoing risk of bullying or sexual harassment to obtain protective orders.AustraliaEmployment and HRGilchrist Connell
ArticleEmployee Who Rejected Alternative Positions Not Entitled To Redundancy PayoutIn September 2014, Mr. Adcock, who had been employed as Commercial Manager Asia by Blackmores Limited ("Blackmores"), left Blackmores claiming that it had repudiated its contract of employment with him. AustraliaEmployment and HRJones Day