A former Rotary International (Rotary) employee has been awarded $205,000 by the Federal Circuit Court for his premature dismissal. This decision provides an expensive reminder that employers must be cautious not to “manufacture” or speed up a dismissal, especially when there is a complaint involved or if the employee is close to retirement age. The […]
In recent Vision in the Workplace articles we reported that the Fair Work Ombudsman (the FWO) has pledged to crack down on businesses and employers that underpay their staff. Since making that commitment to hold businesses accountable, we have seen a substantial increase in the number of businesses that have been monitored, investigated and ultimately […]
The Fair Work Commission (the FWC) has reminded employers that terminating employees by text is not appropriate and will often constitute unfair dismissal or attract compensation for the employee. Two recent cases which were heard before the FWC on consecutive days both considered the issue of termination by text message. Both Deputy President Sams and […]
The Real Cost of Ignoring Legal Guidance in Employment Matters The Canadian-based company GuestTek (the Company) have been ordered to pay an employee’s legal costs incurred in his unfair dismissal proceedings because of the Company’s “unreasonable behaviour” in defending the application. Commissioner Riordan expressed “sympathy with the Applicant” because of the “frustration [he] experienced” in […]
Typically, managers, directors or other senior employees are not covered by modern awards. However, two recent cases serve as a reminder that employers should exercise caution in assuming their senior employees are not covered by a modern award, so as not to be caught out not providing award entitlements or assuming such employees do not […]
The following are various changes that may affect your workplace and have come into effect today (1 July 2019). Union officials right of entry scheme Recent changes to the Fair Work Regulations 2009 (Cth) stipulate that from 1 July 2019 right of entry permits held by union officials must include a photo and signature of the permit […]
With the emergence of new online platforms such as Airbnb, employers are more frequently using these services for business accommodation for their travelling employees. Over 700,000 companies worldwide have signed up and used Airbnb for business travel to date, with 300% growth in bookings from 2016 to 2017 and again from 2017 to 2018. As […]
Is an injury at home still a workplace injury? Workplace injuries can be very costly for employers and it now looks like an employer’s liability could continue post-employment and extend to outside the workplace. In Roberts v Return to Work South Australia (2017), a former truck driver was awarded $17,351 in compensation for an injury […]
A Director of MCG Quarries was sentenced to 18 months in prison in May this year after a court found he failed his health and safety obligations resulting in the death of a young man who got tangled in a conveyor belt on a South Moranbah quarry in 2012. The court heard that, despite warnings […]
The lack of an immediate reason for an employee failing to turn up to work cannot be construed as ‘abandonment’ without being properly investigated. This message was recently enforced by the Fair Work Commission (FWC) who ordered Atlas Steel, a supplier of steel products, to pay $7,000 to an employee after mistakenly assuming they had […]