201511.03
0

Return to Work Guarantee –Merit Based Reviews

Pursuant to s 83 of the Fair Work Act 2009 (Cth) (the Act), if an employee is on unpaid parental leave and an employer intends to make a decision which will have a significant effect on the status, pay or location of the employee’s pre-parental leave position, the employer must take all reasonable steps to…

201511.03
0

Offer to redeploy a redundant employee into another role

Pursuant to s 389 of the Fair Work Act 2009 (Cth) (the Act), an employee’s dismissal is not a case of genuine redundancy if it would have been reasonable in all the circumstances for the employee to have been redeployed within the employer’s enterprise or within an associated entity of the employer. The question of…

201511.03
1

Misleading and Deceptive Conduct Relating to Employment

Schedule 2 of the Competition and Consumer Act 2010 (the Act) makes provisions for misleading and deceptive conduct in relation to employment contracts. Pursuant to s 31 of the Act, a person must not, in relation to employment that is to be, or may be, engage in conduct that is liable to mislead persons seeking…

201511.03
0

Making someone redundant whilst on maternity or parental leave

An Unlawful Termination can occur where an employer terminates, or makes redundant, an employee whilst that employee is absent from work during maternity leave or other parental leave. In the case of Kristinian Iannello v Motor Solutions Australia Pty Ltd [2010] FWA 3125, Ms Iannello had been absent from work during maternity leave for approximately…

201511.03
0

Lookout for the Fair Work Ombudsman and the fines which can apply

Pursuant to the Fair Work Act 2009 (Cth) (the Act), Fair Work Australia has the power to appoint Inspectors from the Fair Work Ombudsman to investigate, monitor and promote employers’ compliance with the Act and other workplace legislation. The Act also provides steps which can be taken by the Fair Work Ombudsman to enforce an…

201511.03
0

A Reflection of Society’s Expectations for Sexual Harassment Victims

The Full Federal Court of Australia (the “Full Court”) has recently made a landmark decision in Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 (the “Richardson Case”) by awarding an unprecedented amount in compensation for the pain and suffering of a sexual harassment victim in the workplace. In the preceding Federal Court Hearing,…

201511.03
0

Don’t allege fraud or serious misconduct unless you have the evidence!

In the case of McKerrow v Sarina Leagues Club Incorporated T/A Sarina Leagues Club [2012] FWA 1251, Fair Work Australia had to consider whether the unauthorised use of large sums of money was grounds for serious misconduct. Ms McKerrow was terminated from her employment by Sarina Leagues Club (SLC) for the alleged misappropriation of funds. Ms…

201511.03
0

Classification of Employees pursuant to Modern Awards

The Fair Work Ombudsman has been busy prosecuting businesses and directors for the underpayment of wages. Many of the cases which have been pursued are due to companies failing to adequately class its employees pursuant to a Modern Award which is a requirement pursuant to s 45 of the Fair Work Act 2009 (Cth) (the…

201511.03
0

Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal

In Pearson v Linfox Australia Pty Ltd[2014] FWC 446, Commissioner Gregory of the Fair Work Commission (the “FWC”) recently upheld the dismissal of Mr Pearson, an employee of Linfox Australia Pty Ltd (“Linfox”), for failing to acknowledge his understanding of the Social Media Workplace Policy implemented by Linfox(the “Social Media Policy”). Mr Pearson argued that…