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, […]
Being employment specialists, we get a flutter of excitement when we see our clients have implemented robust yet practical policies and procedures in their workplace. We understand the delicate nature of implementing shiny new policies, and appreciate the time it takes you, our clients, in revising and implementing policies, particularly those relating to WHS. A […]
As part of the Fair Work Commission’s (‘FWC’) modern award review, the FWC Full Bench (‘FWCFB’) has handed down its decision on the union movement’s “Casual and Part-time Employment Case” and in doing so, it has put forward a draft model casual conversion clause (‘Casual Conversion Clause’). The decision to include a Casual Conversion Clause […]
The Fair Work Commission (‘FWC’) has held Note Printing Australia’s (‘the Employer’) summary dismissal of an employee, Mr Hemmingson, “harsh” and “unreasonable” primarily due to a delay between the conduct warranting dismissal, and the dismissal itself. On 21 July 2016, Mr Hemmingson sent a series of emails that contained the Employer’s confidential and sensitive information […]
The consultation obligations imposed by modern awards can leave employers confused about when consultation is required and to what extent. In regards to award-covered employees, it is crucial that employers carefully consider and adhere to the relevant modern award provision in order to mitigate the risk of a monetary penalty, or that an otherwise genuine […]
The right of union officials to enter a workplace is strictly regulated by the Fair Work Act 2009 (Cth) (“the FW Act”) and the relevant work health and safety legislation in your state (in this article, we refer to and focus on the Work Health and Safety Act 2011 (NSW) (“the WHS Act”)). Although the […]
A full bench of the Industrial Relations Court South Australia (“the SA IRC”) has upheld charges against an engineering company, Safe is Safe Pty Limited (“the Company”) and its officer, Hamish Munro, for “recklessness” following the death of an eight year old girl at the Royal Adelaide Show in 2014 after being ejected from an […]
A recent Fair Work Commission (‘FWC’) decision to uphold the termination of a key account manager’s employment is a timely reminder to check that your workplace policies are up-to-date and sufficiently detailed to ensure any breach can be clearly identified and communicated. The FWC held that Cosmetic Suppliers Pty Ltd T/A Coty (‘the Respondent’) did […]
A recent decision of the Federal Court of Australia (‘FCA’) has reaffirmed the importance of record keeping from recruitment through to dismissal. In particular it has highlighted the fundamental role of employment records in a successful defence against an adverse action claim. Employers should be particularly mindful of the reverse onus of proof that operates […]