Coffee Club franchise fined for “grotesque exploitation” of visa worker

by Sid Sidhu and Troy Wild Fair Work Ombudsman v Gaura Nitai Pty Ltd & Anor FCCA 1242 Another franchisee...

by Sid Sidhu and Troy Wild Fair Work Ombudsman v Gaura Nitai Pty Ltd & Anor FCCA 1242 Another franchisee has been exposed by the Fair Work Ombudsman (the Ombudsman) for exploiting a migrant visa worker who was “desperate” to secure sponsorship. The Coffee Club cafe based in Brisbane has...

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What to expect in the new financial year

By Alex Millman After a somewhat turbulent final month to the financial year, the time has come for all industries...

By Alex Millman After a somewhat turbulent final month to the financial year, the time has come for all industries to take stock of what had been going on and what we can expect to see in industrial relations as we go into the new year. Here are just some of...

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Casual employees to request permanent position after 12 months

The Fair Work Commission has recently handed down a decision with respect to the status of casual employees in the...

The Fair Work Commission has recently handed down a decision with respect to the status of casual employees in the retail, fast food, and hair and beauty industries. Casual employees in these industries approaching 12 months service (with an employer) may request to be converted to a permanent employee, and the employer...

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Lack of written warnings leads to unfair dismissal ruling

by Sid Sidhu and Troy Wild Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd...

by Sid Sidhu and Troy Wild Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd FWC 2958 Small business employers (employing less than 15 employees) are reminded by a recent case before the Fair Work Commission (FWC) to use the Small Business Dismissal Code (the...

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Significant breach of policy used to justify termination

by Sid Sidhu and Angela Szczepanski, NRA Legal Teresa Margaret Murphy v Banana Coast Community Credit Union Ltd T/A BCU...

by Sid Sidhu and Angela Szczepanski, NRA Legal Teresa Margaret Murphy v Banana Coast Community Credit Union Ltd T/A BCU FWC 2688 An employee who worked as a store supervisor for Banana Coast Community Credit Union (BCU) has had her application for relief from unfair dismissal, dismissed by the Fair...

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Award reviews set to be abolished

Today, as the last order of business, Parliament will resume debate of the Fair Work Amendment (Repeal of 4...

Today, as the last order of business, Parliament will resume debate of the Fair Work Amendment (Repeal of 4 Yearly Review and Other Measures) Bill 2017 (Review Bill). With the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (Vulnerable Workers Bill) attracting a lot of attention, the Review Bill has...

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WorkCover Qld offers discount for apprentice employers

QUEENSLAND As part of the Queensland Government’s attempts to drive jobs for younger workers and training in skilled work, WorkCover...

QUEENSLAND As part of the Queensland Government’s attempts to drive jobs for younger workers and training in skilled work, WorkCover Queensland is offering employers of apprentices a discount on their insurance premiums. Starting 1 July 2017, employers who employ at least one apprentice can save on their insurance premiums by declaring...

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Email misconduct dismissal upheld

by Sid Sidhu and Troy Wild, NRA Legal Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty FWC 1838 An...

by Sid Sidhu and Troy Wild, NRA Legal Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty FWC 1838 An employee who made highly offensive comments about numerous clients of the company was found to have been fairly dismissed by the Fair Work Commission (FWC), earlier last month. The accounts manager,...

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Proposed Changes to VIC Workplace Health and Safety Laws

by Sid Sidhu and Troy Wild,  NRA Legal A new Bill, introduced to Victorian Parliament earlier this month, proposes to...

by Sid Sidhu and Troy Wild,  NRA Legal A new Bill, introduced to Victorian Parliament earlier this month, proposes to amend the Occupational Health and Safety Act 2004 (Vic) (‘the Act’) as well as some other legislation, including the Dangerous Goods Act 1985 (Vic). If passed, the new changes may...

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Unfair dismissal case actually “genuine redundancy”

by Sid Sidhu and Troy Wild, NRA legal Case study: Laura Wrzoskiewicz v Easy Payroll Perth Pty Ltd FWC...

by Sid Sidhu and Troy Wild, NRA legal Case study: Laura Wrzoskiewicz v Easy Payroll Perth Pty Ltd FWC 2469 A recent case before the Fair Work Commission highlights the meaning of “genuine redundancy” and when an employee will be unable to substantiate an unfair dismissal claim. In this case, a...

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Employer forced to pay employee for ‘harsh’ porn dismissal

Written by Alex Millman and Troy Wild, NRA Legal On 24 April 2017 the New South Wales Industrial Relations Commission...

Written by Alex Millman and Troy Wild, NRA Legal On 24 April 2017 the New South Wales Industrial Relations Commission awarded compensation to a State employee who had been fired after pornographic emails, including images of naked children, were found in her work email account. The employer argued that the employee...

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Senate Report: Vulnerable Workers’ Bill

Summary by Troy Wild, Director NRA Legal On 9 May, the Senate Education and Employment Legislation Committee (‘the Committee’) released...

Summary by Troy Wild, Director NRA Legal On 9 May, the Senate Education and Employment Legislation Committee (‘the Committee’) released its report into the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (‘the Bill’). Read the full report here >> The Committee recommended that the Senate pass the Bill, subject to three...

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Fancy law firms fail to impress Commission

by Alex Millman and Troy Wild, NRA Legal Gregory Peck as Atticus Finch in the 1962...

by Alex Millman and Troy Wild, NRA Legal Gregory Peck as Atticus Finch in the 1962 classic, To Kill a Mockingbird (Universal Pictures) As a business, there is a great temptation that when faced with litigation to stick with what you know. Doubtless you will have engaged...

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The rise of affordable employee advocacy has changed the playing field

By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the...

By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the legal environment around employment law has shifted dramatically. Any person can be represented before the Fair Work Commission by a person acting as a ‘paid agent’. Whilst this is nothing new,...

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Ignorance is no defence

by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can...

by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can provide in their defence. Unfortunately, as we all know, ignorance is no defence. In recent years we have seen increasing exasperation from the courts when an employer contravenes an Award by...

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Safety step costs Coles $1 million

by Angela Szczepanski and Troy Wild, NRA Legal The ACT Supreme Court has ordered Coles to pay a former staff...

by Angela Szczepanski and Troy Wild, NRA Legal The ACT Supreme Court has ordered Coles to pay a former staff member over $1 million after she fell from a safety step she says she wasn’t trained to use. Source: https://en.wikipedia.org/wiki/Coles_Supermarkets Nicole Harris suffered injuries to her right hip,...

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