In the case of Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444, Mr Stutsel, an employed truck driver, was summarily dismissed on grounds of serious misconduct due to a racially derogatory and sexist posting uploaded to his Facebook profile. Mr Stutsel’s comments were brought to Linfox’s attention not by his Facebook friends, but by…
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…
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…
An employee is entitled to 8.67 weeks of paid long service leave when an employee has been employed by the same employer for a period of ten (10) consecutive years of employment. An employee is entitled to a pro-rata entitlement after five (5) years of continuous service, if the employee resigns as a result of…
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…
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…
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…
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,…
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…
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…
