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…

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…

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…

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…