A recent case before the Fair Work Commission Full Bench (FWCFB) has given greater scope to workers under maximum term contracts to seek recourse in the unfair dismissal jurisdiction (Navitas). [1] Prior to this decision, the expiry of a maximum term contract at its specified date did not result in the employee being “dismissed”. This […]
Standing to Appeal A recent Fair Work Commission Full Bench (FWCFB) decision has held that United Voice (the Union) has the right to appeal decisions that affect enterprise bargaining, despite not being a bargaining representative. [1] The FWCFB held that the Union satisfied the legal criteria for a “person aggrieved” by the FWC’s recent approval of […]
A recent decision of the Fair Work Commission (FWC) held that Uber drivers are correctly classified as independent contractors, not employees, and are subsequently not entitled to the unfair dismissal protections within the Fair Work Act 2009 Cth (FW Act). [1] Mr Michail Kaseris (the Applicant) alleged that he was unfairly dismissed from Rasier Pacific […]
New WHS Code of Practice: Managing Risks in Stevedoring Offers useful guidance for Employers in the stevedoring industry to review and update their WHS systems. Provides direction regarding management of the safety risks involved with stevedoring activities such as: loading or unloading vessel cargo; stacking and storing on wharves; and receiving and delivering cargo within […]
In a recent case before the NSW District Court, City Projects Pty Limited (‘the Offender’) was fined a large penalty of $167,000 for failing to comply with its health and safety duties under s 19(1) of the Work Health and Safety Act 2011 (‘the WHS Act’), when it exposed a subcontractor to a risk of […]
Employer Negligent and Liable for “Unprecedented Situation” In a recent case before the Supreme Court of Victoria, Ceva Logistics Australia Pty Ltd (‘the Employer’) was found to be contributorily negligent and liable for 35% of an employee’s $2 million damages award.[1] Mr Ugo Meli (‘the Employee’) was confronted with what Judge McDonald described as an […]
The Federal Circuit Court of Australia (‘FCCA’) recently dismissed a security guard’s (‘Mr Findlay’) adverse action claim in which he alleged that MSS Security Pty Ltd (‘the Company’) discriminated against him on the basis of his disability [1]. Background On 1 February 2016, Mr Findlay commenced employment with the Company in the position of a […]
Employer Responsibilities Under the Updated Fair Work Laws No doubt you have heard whispers about the Federal Government’s Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Cth) in recent months. Now, it’s time to get serious and ensure you are abreast of the key provisions. Why? – on 15 September 2017 the new legislation, the […]
In a recent unfair dismissal case1 heard by the Fair Work Commission (‘FWC’) an aged care worker Ms Tavassoli (‘the Applicant’), who was successful in her claim that she was constructively dismissed, was reinstated due to significant deficiencies in her employer, Bupa Aged Care Mosman’s (‘Bupa’) investigative process. At the aged care facility where the […]
In the first prosecution of its kind under the harmonised work health and safety (“WHS”) laws, the South Australian Industrial Relations Court (“SAIRC”) in Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 (“Boland v TAPS“), held an employer company liable under section 46 of the WHS Act (South Australia) for failing to, […]