IR Update: Employee prevented from serving notice period wins unfair dismissal case

A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s...

A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s misunderstanding of the employee’s intentions to work out her notice period. In July 2015, the employee was under significant stress from being overworked by her employer. According to her evidence, the...

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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 come into force on 12 November 2016 following a 12 month transition period. A small business is defined as employing less than 20 people, including...

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Amendments to Work Health and Safety Act 2011 get green light from Queensland Government

As part of its commitment to improving safety for Queenslanders at work, the Palaszcuk Government has passed a new...

As part of its commitment to improving safety for Queenslanders at work, the Palaszcuk Government has passed a new Bill, which introduces a number of changes to the State’s work health and safety (WHS) laws. The WHS Bill aims to restore elements of the original Work Health and Safety Act...

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Distress and humiliation suffered after adverse action

The Federal Circuit Court has found The Monitoring Centre (TMC) took adverse action against their general manager who had...

The Federal Circuit Court has found The Monitoring Centre (TMC) took adverse action against their general manager who had made a workplace complaint when the company asked employees to provide negative feedback about the general manager and ultimately used this feedback to terminate her. The former employee made a formal...

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Health assessment appeal overruled

The recent case of Hail Creek Coal Pty Ltd v Haylett & Anor QCA 259 (4 December 2015)...

The recent case of Hail Creek Coal Pty Ltd v Haylett & Anor QCA 259 (4 December 2015) has provided guidance on the limitations of an employer seeking health information from an employee. The employee began as a Drill Rig Operator at the Hail Creek Mine and in 2010...

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IR Update: Fair Work Commission unable to hear anti-bullying claims from volunteers

In a recent decision before the Fair Work Commission, it has been held that volunteers are unable to make...

In a recent decision before the Fair Work Commission, it has been held that volunteers are unable to make anti-bullying claims against their employers, as they do not satisfy the definition of “worker” under s 789FC of the Fair Work Act 2010 (Cth). In the facts of this case, a...

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Queensland Parliament to hear report on labour hire arrangements in 2016

Labour hire companies operating in Queensland may be subject to licensing and registration requirements in the near future, as...

Labour hire companies operating in Queensland may be subject to licensing and registration requirements in the near future, as the Queensland Parliament launches an investigation into the nature of these businesses and allegations of sham contracting. The review, headed by the Finance and Administration Committee, will consider both the social...

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Fair Work changes come into effect

On the 27th November 2015, certain changes came into effect in respect of the Fair Work Act 2009 (“the...

On the 27th November 2015, certain changes came into effect in respect of the Fair Work Act 2009 (“the Act”) pursuant to the recent passing of Parliament of the Fair Work Amendment Bill 2014. The key changes to the Act which are of most relevance are as follows: Parental Leave changes: ...

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Message from the CEO: 4th December 2015

As a business owner or manager, you deal on a daily basis with a wide range of expenses –...

As a business owner or manager, you deal on a daily basis with a wide range of expenses – some large and some small, but each one impacting on your bottom line.  And, no doubt you often stop to reflect on the worth of each overhead to your ultimate...

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Tribunal allows discrimination claim to be heard three years after the act

The New South Wales Civil and Administrative Tribunal has allowed an ex-employee to proceed with a claim of discrimination,...

The New South Wales Civil and Administrative Tribunal has allowed an ex-employee to proceed with a claim of discrimination, after documents were obtained with enough evidence for the complainant to make a case. According to the employee, who worked for the Salvation Army as a store supervisor, she was unfairly suspended...

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IR Update: Commission insights into stop bullying orders

In this case update, the NRA Legal team reviews the recent Fair Work Commission decision on 16 November 2015...

In this case update, the NRA Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others FWC 7312. This decision...

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Requesting employees to work on a public holiday

Given the public holidays that are fast approaching, members are reminded of the following matters arising out of section...

Given the public holidays that are fast approaching, members are reminded of the following matters arising out of section 114 of the Fair Work Act 2009  when requesting employees to work on a public holiday: 1. An employee is entitled to be absent from work on a day or a...

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IR Update: Employer Hit with $128,000 Adverse Action Payment

The recent case of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No 2) FCCA 2967...

The recent case of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No 2) FCCA 2967 (4 November 2015) serves as a timely reminder to employers to seek advice as to the appropriate classification of employees, and be mindful of what actions might be considered adverse...

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QLD Alert: Changes to Work Health Safety Laws

As a result of the Queensland Government’s “Improving Safety for Queenslanders at Work” Policy, Work Health and Safety laws...

As a result of the Queensland Government’s “Improving Safety for Queenslanders at Work” Policy, Work Health and Safety laws in Queensland have changed effective 22 October 2015. The amendments to the Work Health and Safety Act 2011 are as follows: WHS entry permit holders allowed to enter a workplace immediately...

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IR Update: General protections claims on the rise

According to the Fair Work Commission’s newly-released annual report, general protections claims involving termination of an employee has risen...

According to the Fair Work Commission’s newly-released annual report, general protections claims involving termination of an employee has risen by 17.5% in 2014-15. This increase is slightly down in comparison to the previous year. However, the number of claims grew to a total of 3382, with around one third...

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IR Update: “Smart Arse” sacked

An employer has been unable to successfully establish that they dismissed a client analyst as a result of poor...

An employer has been unable to successfully establish that they dismissed a client analyst as a result of poor performance. Employment of Mr Anderson with BNP was subject to a three month probationary period. Just days prior to his termination, Mr Anderson was confronted by his supervisor in earshot of...

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