Skip to content Skip to menu

Employment and Workplace Relations Blog

Employment Law and Workplace Relations Blog

Picture of

Employer Successfully Rebuts Aged Care Worker’s Bullying Claim

The employee made multiple bullying allegations covering a period of approximately 3 years. Amongst those allegations she claimed that: the first day she met the manager that the manager yelled and screamed at her in the office;, she was detained against her will when she was asked to complete paperwork regarding a car accident at the end of her shift;, the manager’s concerns about timekeeping ...

  1. Aged Care Blog, Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox Edition 5 - 2017

1.  Latest decisions. Disciplinary meeting attendance a must The Federal Court of Australia has held that failure to attend a disciplinary meeting amounted to repudiation of a dentist’s employment contract. The contract contained a clause to “obey the reasonable directions” of the employer. The disciplinary meeting sought to address staff concerns that the dentist’s ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Be Careful of New Employees Bearing Gifts

Two ex-employees of the appellant Lifeplan, a company engaged in the business of fund management and the provision of investment products including funeral bonds and pre-paid funeral products, joined Foresters, another friendly society in late 2010. Foresters’ business included similar investment products and pre-paid funeral products as that provided by Lifeplan. Shortly prior to leaving ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox Edition 4 - 2017

1.  Latest decisions. Here to stay: casual conversion clauses introduced in modern awards The Fair Work Commission (FWC) has found that casual employees on modern awards should be entitled to elect to convert to full-time or part-time employment, subject to certain rules and restrictions. Casual employees will be eligible to convert to permanent employment sufficient to a qualifying ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox: Edition 3 - 2017

1.  Latest Decisions   Breach of Social Media Policy May be Cause for Dismissal The FWC confirms that social media activity may be grounds for termination, if the employer has conducted a full investigation to understand the context of any perceived inappropriate comments. In a recent case, the employee made “ridiculous” posts on Facebook including one announcing that “We all support ISIS” which led to his dismissal....

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox: Edition 2 - 2017

1.  Latest Decisions   Sunday and public holiday penalty rates slashed! In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017. For further details about this changes, refer to our previous blog. Long ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Slashed!

In an historic decision, the Full Bench of the Fair Work Commission has reduced Sunday and public holiday penalty rate structures in awards for the hospitality, retail, fast food and pharmacy industry, effective from 1 July 2017.  In providing its decision, the Full Bench stated, amongst other things, that:  a reduction in penalty rates will likely increase employment growth and hours ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Swapping your way out of redundancy

Section 389(2) of the Fair Work Act 2009 (Cth) provides that ‘a person’s dismissal was not a case of genuine redundancy if it would have been reasonable in all the circumstances for the person to be redeployed’. Notwithstanding its decision, the Full Bench confirmed that there is no general redeployment obligation for an employer to implement or facilitate a process of voluntary job swaps....

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox: Edition 1 - 2017

1.  Upcoming redundancies? We set out the latest ‘redundancy’ decisions from the Fair Work Commission  In a recent decision, the Full Bench of the Fair Work Commission held that an employer breached its statutory redeployment obligations by failing to consider ‘job swaps’ with other employees, who wished to accept a redundancy., To read further about this decision, click to our recent blog here....

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

Volunteer Attempts to Claim Unfair Dismissal

The coach and the organisation had entered into a contract in 2015 which was expressed to be a voluntary services agreement. The contract stated that the relationship between the parties to the agreement was not an employment relationship, although the organisation paid the coach an honorarium which was essentially to provide recompense for out of pocket expenses for travel and food. The Fair Work ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

HR Toolbox Blog

When is an Independent Contractor an Employee? Recent media interest in the prospective class action against Appco Group Australia raised the difficult issue of when is an independent contractor actually an employee? From an employer’s perspective, it may in certain circumstances be preferable to engage a person as an independent contractor rather than an employee. A principal contractor will ...

  1. Employment Law and Workplace Relations Blog

Read More

Picture of

In the FWO’s line of fire: A warning to all medical practice owners/doctors

The Federal Circuit Court of Australia has ordered that Windaroo Medical Surgery pay a pecuniary penalty of $39,600 for acting in contravention of sections 343 and 340 of the Fair Work Act 2009 (Cth).  The unlawful conduct included: making the following threats to coerce the doctor into not pursuing a complaint that he had made to the Fair Work Ombudsman against the surgery (Complaint); threatening ...

  1. Employment Law and Workplace Relations Blog

Read More