IR Update: Damages of $100,000-plus awarded to employee after unfairly dismissed for “set-up” misconduct

A director at ANZ has been awarded $110,000 in damages for being unfairly dismissed for serious misconduct. The Bank...

A director at ANZ has been awarded $110,000 in damages for being unfairly dismissed for serious misconduct. The Bank alleged Mr Bartlett had amended a confidential internal email and mailed it to a journalist at the Australian Financial Review. Mr Bartlett’s claim was previously dismissed by Justice Adamson in a...

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Managing Mental Health in Your Workplace

According to the Australian Bureau of Statistics (2007), one in five Australian adults will experience a mental illness in...

According to the Australian Bureau of Statistics (2007), one in five Australian adults will experience a mental illness in any given year. With common conditions like depression and anxiety becoming more prevalent in the workplace, businesses are being urged to consider how they manage mental health issues amongst their...

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IR Update: FWC rules in favour of employee due to manager’s failure to prepare colleague for disciplinary meeting

In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing...

In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing to adequately prepare their colleague in the investigation of an employee. The employee, who had provided over 30 years of service to K&S Freighters Pty Ltd, was called to a meeting...

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Working Holiday Visa – What you need to know!

The Working Holiday visa program in Australia is a great way for young people aged between 18 and 30...

The Working Holiday visa program in Australia is a great way for young people aged between 18 and 30 to visit Australia and earn some money while they're here. It's quick, easy and cheap to apply for if you're from one of the countries party to an agreement with...

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IR Update: The importance of disciplinary meetings

In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has...

In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has found that a better briefing to a manager should have occurred before he dismissed an employee during a meeting. The employee had been working for K&S Freighters Pty Ltd for...

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Modern Award Review Developments

The National Retail Association (NRA) has been actively involved in the Fair Work Commission’s four yearly review of Modern Awards....

The National Retail Association (NRA) has been actively involved in the Fair Work Commission’s four yearly review of Modern Awards. Of key importance to our members is our push to reduce Sunday penalty rates and our opposition to claims by the unions, primarily relating to casual conversion and to increase...

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IR Update: Bullied employee compensated by FWC for being sacked

Commissioner Julius Roe ordered PQ Australia to compensate a bullied employee $43,900 for forcing him to resign. The FWC...

Commissioner Julius Roe ordered PQ Australia to compensate a bullied employee $43,900 for forcing him to resign. The FWC found the employee, was unfairly dismissed before being forced to resign for failing to attend an unnecessary medical appointment to be assessed by the company’s nominated doctor. The employee had previously...

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Product Safety – A Guide to Testing

Australian Consumer Law (ACL) dictates that businesses operating in Australia must ensure the consumer products that they sell meet...

Australian Consumer Law (ACL) dictates that businesses operating in Australia must ensure the consumer products that they sell meet mandatory safety standards, are fit for their intended purpose and safe. One way of determining this is for products to be tested to show they meet the necessary standards. If...

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Change to misuse of market power law

As a result of the Harper Review into competition policy, the Federal Government announced that it will legislate to...

As a result of the Harper Review into competition policy, the Federal Government announced that it will legislate to amend Section 46 of the Competition and Consumer Act - the misuse of market power provision. The Harper Review found that Australia's current misuse of market power provision is not reliably...

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Customer based sexual harassment prevalent in the Australian service sector

A recent study, published in Gender, Work and Organization, suggests that customer-perpetrated sexual harassment is prevalent across the Australian...

A recent study, published in Gender, Work and Organization, suggests that customer-perpetrated sexual harassment is prevalent across the Australian service sector, including the retail industry. The study, titled “‘But it’s your job to be friendly’: Employees coping with and contesting sexual harassment from customers in the service industry,” suggests that...

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Product safety and compliance challenges

The National Retail Technical Standards Committee will be meeting in Sydney later this month to discuss the current challenges...

The National Retail Technical Standards Committee will be meeting in Sydney later this month to discuss the current challenges of product safety and compliance. The committee is an important forum for the development of the retail industry policy. It communicates regularly with government decision-makers and agencies, including Standards Australia, the...

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Demotion Not Necessarily a Dismissal

The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of...

The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent...

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IR Update: Labour Hire Unfair Dismissal Case

This recent case warns that labour hire companies cannot “abrogate responsibilities to afford procedural and substantive fairness to...

This recent case warns that labour hire companies cannot “abrogate responsibilities to afford procedural and substantive fairness to a dismissed employee by relying on the fact that unfair treatment was meted out by another entity in which had placed the employee.” Adecco Australia were found by the FWC...

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Inside Retail – Deterring Domestic Violence

In Australia, one in four women has experienced violence from an intimate partner, whilst one woman is killed by...

In Australia, one in four women has experienced violence from an intimate partner, whilst one woman is killed by her male partner every five or six days. The retail industry has one of the largest female workforces in Australia, and is also one of the most gendered industries with almost...

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IR Update: Employer’s termination of latecomer commendable

In the recent case of Rooney v Pickles Auctions FWC 858 (9 February 2016), an employer has been...

In the recent case of Rooney v Pickles Auctions FWC 858 (9 February 2016), an employer has been commended for his efforts in following due termination process. The National Retail Association consistently reminds its members of the equal weight given to a valid reason for termination as well...

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CONSULTATION REMINDER: Extending unfair contract term protections to small businesses

A new law recently passed by the Federal Government will protect small businesses from unfair contact terms in standard...

A new law recently passed by the Federal Government will protect small businesses from unfair contact terms in standard form contracts. The new law will will come into force on 12 November 2016 following a 12 month transition period. A small business is defined as employing less than 20 people,...

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