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 […]
New model annualised wage clauses have been proposed for 19 modern awards covering industries including health, hospitality, mining, banking and legal services, as part of the Fair Work Commission’s (FWC) 4 yearly review of modern awards. The new clauses, initially drafted in February 2018, have been contested by employer groups, who claim they will impose […]
Victoria Police’s recent rejection of a detective’s request for flexible working arrangements was held to lack reasonable business grounds in a recent decision before the Fair Work Commission Full Bench (the FWCFB). The decision sheds light on the considerations employers must heed when faced with a flexible work request. The 57-year-old detective wished to “compress” […]
The precedent set by the WorkPac decision is that an employee labelled a casual worker may be entitled to annual leave under the Fair Work Act 2009 (Cth), if (among other things) the employment arrangements displayed a regular pattern of hours, continuous work and there was a firm advance commitment to such work. One significant […]