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Uncategorized August 1, 2018

Fit or unfit for work – recent Fair Work Commission (“FWC”) decisions

Managing injured or ill workers is fraught with practical difficulties and legal risks principally due to the multitude of different laws that regulate the area.  Where termination of employment is under consideration, the employer will need to establish that the employee is unable to perform the inherent requirements of the position and no reasonable adjustments […]

Uncategorized August 1, 2018

Fair Work Commission (“FWC”) upholds the requirement that CEOs must have trust and confidence in senior staff

On 20 July 2018, the FWC, in the case of Belinda Ayres v Kingston City Council, [2018] FWC 4291, has upheld the proposition that the Manager of People & Culture is required to have a relationship with the Chief Executive Officer (and other senior staff) that is based on trust and confidentiality, given their dealings […]

Uncategorized August 1, 2018

Whistleblower Bill Update – Essential Information

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (“Whistleblower Bill”) is currently before the Senate.  The Senate Economics Committee has recently issued its report into the Whistleblower Bill and recommended it be passed. Once passed, the Whistleblower Bill will consolidate and enhance the whistleblower protections that apply to the private sector in the Corporations […]

Uncategorized March 7, 2018

Superannuation Overpayments – Contributions made in error

Payroll mistakes occur and from time to time – either human error or computer error, resulting in an employer making a superannuation contribution in error. Seeking to recover such overpayments via litigation is complicated and expensive, especially where amounts involved are not large. An alternative, in instances of genuine administrative error, is to request a […]

Uncategorized March 7, 2018

Avoiding Redundancy Obligations due to the “ordinary and customary turnover of labour”

United Voice v Berkeley Challenge Pty Limited [2018] FCA 224 The National Employment Standards (“NES”) require employers of more than 15 employees to provide redundancy (aka severance) payments on the redundancy of their roles, when redeployment cannot be achieved.  In particular, s.119 of the Fair Work Act 2009 (Cth) (“FW Act”) notes: (1)        An […]

Uncategorized December 11, 2017

Indirect Discrimination for Failure to Follow up on Employment Form

In Ferris v Department of Justice and Regulation (Human Rights) [2017] VCAT 1771 a recent case in the Victorian Civil and Administrative Tribunal, the Victorian Department of Justice and Regulation was found to have indirectly discriminated against a former employee who had undisclosed Type 2 Diabetes that was aggravated by his working conditions. In Victoria, […]

Uncategorized December 11, 2017

‘Regional Director’ able to seek Unfair Dismissal despite Income Cap

Over the past few weeks we have seen a number of matters involving whether an executive is “Award -covered” or Award-free”, as this will often determine whether or not they can make an Unfair Dismissal Application in the Fair Work Commission (‘FWC’). The following case will assist in explaining the issues. In James Kaufman v […]

Uncategorized November 7, 2017

Australia Post EBA 2017 – A Case Study in Incentivising Productivity

Australia Post has successfully negotiated a new Enterprise Bargaining Agreement (“EBA”) with 74% of its workforce approving the new EBA. The 2017 EBA is the third agreement reached under the leadership of outgoing Managing Director & Group CEO, Ahmed Fahour. Despite the ongoing controversy over the CEO’s own remuneration and bonus package, the negotiations with […]

Uncategorized November 7, 2017

Termination Decent for Indecent Exposure

The Fair Work Commission (“FWC”) has held that an employer is not exposed to liability for dismissing a supervisor who indecently exposed himself to another employee. Generally, an employer must not unfairly dismiss an employee. Section 385 of the Fair Work Act 2010 (Cth) (“The FW Act”) states that this means the dismissal must not […]

Uncategorized November 7, 2017

Client Lists are Confidential Despite Facebook Posts

A major concern for all companies who lose staff to competitors is what happens to the confidential (and highly valuable) information that they have accessed or they possess. At law there is a duty owed by current and former employees to their employer to not breach this confidence.  It is also common for the terms […]

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