A recent decision of the Federal Court has reinforced the importance of employers following HR advice, properly investigating and documenting employee complaints and not taking adverse action against employees for making such complaints. Mr Benham Roohizadegan was summarily terminated by TechnologyOne Limited because he was allegedly unable to cooperate with his previous three managers, he [...]
The Fair Work Commission has taken into consideration the current work environment of COVID-19 in determining whether a dismissal was unfair. A Sales Executive was dismissed in April this year for allegedly failing to provide weekly sales reports, customer complaints, poor attitude and “demonstrated lack of respect” for management. The FWC found that a number [...]
In rejecting an application for an extension of time to lodge an unfair dismissal claim, Deputy President Asbury of the Fair Work Commission found it arguable that a childcare employer’s policy requiring mandatory flu vaccinations was lawful and reasonable in the context of its operations which principally involve the care of children, including children who [...]
On 26 November 2020, the High Court granted special leave to appeal the WorkPac v Rossato decision. It has been said the appeal will be one of the most important employment law decisions that the High Court has had to consider. The Rossato decision held that casual employees who worked regular and predictable shifts were [...]
The Whistleblower legislation was introduced in 2019 for the protection of any person who has reasonable grounds to suspect that they have information indicating that a company or its officer or employee has engaged in certain conduct that breaches specific acts of parliament that apply to the entity or its officers. Sometimes, people experiencing an employment dispute [...]
On 13 August 2020, the High Court of Australia overturned a decision made by the Full Federal Court of Australia in August 2019, that personal/carer’s leave under the National Employment Standards is calculated in working days, not hours. In Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29, the High Court clarified that: [...]
In a recent case before the Federal Circuit Court, a judge has set penalties of $240,000.00 against a company and its director, for failing to pay a worker’s full wages, public holiday rates and an amount in lieu of untaken annual leave or superannuation. It was found the company also failed to issue the worker [...]
The outbreak of COVID-19 has given rise to issues that every employer must address, including employee entitlements and health and safety obligations. Some of the key issues are addressed below. Employers can direct employees who are sick with the coronavirus not to come to work and to get medical clearance from a doctor before returning [...]
On 18 July 2019, celebrity chef George Calombaris was hit with a $200,000 fine for underpaying $7.83 million in wages to over 500 current and former employees. Industrial Relations Minister Christian Porter, who is also the Attorney General, has described the fine as a “light” penalty. This month in Western Australia, a Han’s Café franchisee [...]
When is there a need to conduct a formal investigation? As a general rule, if a number of employees are involved, there is more than one incident complained about or there are a number of conflicting stories, a formal investigation is essential to ensure reliable findings. If the potential consequences are very significant for the [...]
