All publications relating to ‘Employment’
The First Category 1 WHS Prosecution in New South Wales: The Meaning of “Reckless”
The recent decision of the District Court in Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon [2018] NSWDC 27 is the first to deal with a category 1 prosecution in New South Wales under the Work Health and Safety Act 2011 (NSW) (Act). Categories of Offences There are…
Quirks in modern awards No’s 5 to 8
As part of our occasional series on odd and unusual terms in modern awards, we highlight a further four more quirky clauses in modern awards that employers sometimes miss. Quirks in moderns awards No. 5: Requirement to pay overtime rates where employees are kept waiting for their wages in the Building and…
What’s in a Name? Job Titles and Modern Award Coverage
The Name Game Amusing articles appear on a regular basis about the renaming of particular occupations in an effort to make them seem more grand or important than they have been traditionally regarded. Some examples that have been cited include renaming “Bar Attendant” to “Beverage Dissemination Officer”, “Labourer” to “Mortar Logistics Engineer”, “Garbage…
Car allowance decision drives unfair dismissal access
In the recent decision of Sam Technology Engineers Pty Ltd v Mr Andrew Bernadou [2018] FWCFB 1767 the Full Bench of the Fair Work Commission (FWC) considered (as part of an appeal) the issue of how to treat car allowances for the purpose of determining the annual rate of earnings for…
The top five mistakes employers make when terminating employment: No.5 Alternatives to Dismissal
So you’ve got a valid reason to dismiss an employee, right? (Established misconduct, poor performance, etc). And you’ve made sure you’ve afforded the employee procedural fairness? (You’ve held a disciplinary meeting where the employee has had a chance to address the allegations against then accompanied by a support person). You’ve been careful to make it clear…
Facing an Investigation by the Fair Work Ombudsman — What is at stake?
It is not uncommon for employers to face investigation by the Fair Work Ombudsman (“FWO”) where for example, a disgruntled employee has complained to the FWO about a workplace issue such as a failure to pay adequate wages or to meet award requirements. Experience suggests that the reaction of employers to the FWO’s…
Outer limit/maximum term employment contracts their future after the Navitas decision
Introduction The decision of the Full Bench of the Fair Work Commission on 8 December 2017 in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162 (Navitas) has narrowed the opportunity for employers to rely upon outer limit or maximum term contracts as a defence to a claim for unfair dismissal. An…
Swearing in the workplace: The legal position
The recent Full Bench decision of the Fair Work Commission (FWC) in Illawarra Coal Holdings Pty Ltd T/A South32 v Matthew Gosek [2018] FWCFB 749 (Illawarra Coal), which garnered extensive media coverage, has once again put the spotlight on the issue of swearing by employees. Swearing in the workplace is more complex…
The top five mistakes employers make when terminating employment: No.3 Minimum employment periods
For employers with less than 15 employees*, an employee will only be able to make a claim for unfair dismissal where they have a period of continuous service of at least 12 months. For employers with 15 employees or more*, a claim for unfair dismissal is only potentially available where an employee has…
The top five mistakes employers make when terminating employment: No.1 Giving inadequate notice
When dismissing a full-time or part-time employee — other than one being dismissed for serious misconduct – the Fair Work Act 2009 provides for a mandatory minimum period of notice to be provided (or an equivalent payment made in lieu of notice). The requirement to give notice or payment in lieu exists regardless…