News, Updates & Events

Conviction and $120,000 fine for employer’s failure to consult with host employer – What is the duty to consult with other duty holders?

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, […]

Work Health & Safety Audits – is it time for a spring clean?

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 […]

Casual Conversion Clause to be Introduced Into Modern Awards

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 […]

Thirteen Days Between Conduct And Dismissal Renders Summary Dismissal “Harsh And Unreasonable”

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 […]

Meeting Modern Consultation Requirements: how far do you have to go?

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 […]

Potential Gaol term for “reckless” engineer

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 […]

Long Standing Manager Sends ” inappropriate” email: Valid Reason for Termination Upheld

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 […]

Workplace Fundamentals: Record keeping

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 […]

Paid Leave During Public Holidays – On leave or not?

A recent Full Federal Court of Australia (‘FCA’) decision has clarified the intention and scope of sections 89 and 98 of the Fair Work Act 2009 (Cth) (‘FW Act’), which ostensibly seek to preclude employers from deducting public holidays from annual leave or personal/carer’s leave balances, when such public holidays coincide with a period of paid annual […]