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…

201511.03
0

Am I An Independent Contractor?

In gaining work you may find yourself being labelled as an independent contractor, but what does that mean and are you really an independent contractor? People regularly find themselves confused as to why they may be called an independent contractor when a fellow co-worker is being labelled an employee. This confusion stems from both workers…

201511.03
0

A positive obligation of redeploying a redundant employee

Employers must be mindful of its obligations under the Fair Work Act 2009 (Cth) (the “Act”) when terminating an employee by way of redundancy. In the case of Ulan Coal Mines Ltd v Honeysett and others [2010] FWAFB, a mining company dismissed ten employees on grounds of redundancy. Four of those employees claimed it was…

201510.29
1

When does Completion Actually Occur?

The definition of “completion date” has been widely litigated. Consequently, s 3B was inserted into the Home Building Act 1989 (the “Act”). Pursuant to s 3B of the Act, the completion date of residential building works occurs: when the work is complete within the meaning of the contract; or on practical completion. With this definition…

201510.29
0

What is the Building Code and When Does it Apply?

In our article titled “Fair Work Targeting the Building & Construction Industry” we notified our mailing list that the new Fair Work (Building Industry) Act 2012 came into effect (the “Act”) on 1 February 2013. Furthermore, we provided our readers with an outline of the objectives of the Act. In this article we notify our…

201510.29
1

What happens if you don’t obtain sufficient insurance?

Licenced contractors must insure their building works pursuant to s 92 of the Home Building Act 1989 (NSW) (the “Act”). Nevertheless, there have been several disciplinary proceedings brought against licenced contractors who have failed to obtain insurance. In the case of Pobjie v Commissioner for Fair Trading, Pobjie Agencies (“Pobjie”) was contracted to perform building…

201510.29
0

Reforms to the Home Building Act

The Department of Fair Trading previously announced that New South Wales will be undertaking a reform to the State’s building laws. Minister Anthony Roberts indicated that their first priority is to create a framework which will minimise the chance of problems which often arise during home building and to ensure there are measures in place…