The recent Fair Work Commission decision (‘FWC’), Carroll v Karingal Inc [2016] sheds new light on how certain management styles may amount to bullying. The FWC found that the management style of Karingal Inc’s Audit and Risk Manager, Mr Carroll (‘the Manager’), caused considerable “distress and anxiety” to Karingal staff under his management. The Manager […]
Social Media Strife – the need for clear boundaries
As social media continues to proliferate, employees and employers alike need to be wary of how they navigate social media platforms and how and when, social media activity may warrant disciplinary action, including dismissal. Two recent suspensions in the tertiary education sector have demonstrated that social media conduct is no longer shrouded by anonymity and […]
Beware of Pre-employment discussions
A recent Federal Court of Australia (‘FCA’) decision has somewhat clarified the application of the Australian Consumer Law to representations made to prospective employees designed to entice the employee into accepting an offer of employment. In Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430, the FCA held that certain conduct […]
Termination without notice valid?
An accountancy firm manager’s appeal for unfair dismissal has failed after he secretly attempted to sell part of his employer’s business to Macquarie Bank for a $5 million personal profit. Andrew Baird (‘the Applicant’) sought $122,512.50 in liquidated damages from Crowe Horwath (Aust) Pty Ltd (‘the Respondent’) contending that his dismissal constituted contending that his dismissal […]
Beware: Heavy penalties for underpayment of employees
The Fair Work Ombudsman (‘FWO’) recently secured its largest penalty against a 7-Eleven franchise which “systematically exploited its employees” and manipulated financial data in order to deceive payroll processes. The investigation into the franchise was conducted as part of an ‘audit campaign’ by the Office of the FWO into the employment practices of 7-Eleven stores […]
7-Eleven Exploitation raises significant Work Health and Safety concerns
Significant work health and safety issues within 7-Eleven stores have been exposed by an independent Fairness Panel which was established by Allan Fels, the former chairman of the Australian Competition and Consumer Commission. One former 7-Eleven worker, Mr Sam Pendem, has made an appeal to the panel alleging a breach of his workplace rights. The […]
Moonlighting Uber employee sacked
A recent judgement by the Fair Work Commission has shed light on workers moonlighting as Uber drivers, after a Perth man, Mr Jacob (‘the Applicant’), was dismissed for failing to declare that he drove for the ride sharing platform. The Applicant’s employment was terminated last year from his printer position at Western Australia Newspapers Ltd […]
Legal battle to protect trade secrets successful
Stevedore DP World Australia (‘the Plaintiff’) has won a recent legal battle to protect trade secrets after the Supreme Court of NSW upheld a restraint of trade provision the Plaintiff imposed on a former employee. The Plaintiff’s former terminal manager Bruce Guy (‘the Defendant’) was ordered to serve out a three month garden leave period […]
Beware: Procedural errors render dismissal unjust
A recent Fair Work Commission (‘FWC’) decision has demonstrated the importance of procedural fairness in dismissal proceedings. Platypus Shoes Pty Ltd’s (‘the Respondent’) store manager, Mr Jimenez (‘the Applicant’) was dismissed for serious misconduct on 9 October 2015. The allegations against the Applicant included the following: Misuse of a 20% immediate family discount on shoes […]