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Uncategorized May 15, 2017

Accountant Liable for Client’s Award Breaches

Accessorial liability occurs when a third party is found to be involved with, and liable for, the breaches of another. Since we last wrote on this topic, on 3 November 2016, there have been some important new developments. Accessorial liability is defined in s.550 of the Fair Work Act 2010 (Cth) (“FW Act”) as: A […]

Uncategorized May 4, 2017

$10,000 Compensation for Mental Illness Discrimination

In Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112 (10 April 2017), the New South Wales Civil and Administrative Tribunal (“NCAT”) has ordered Murrays Australia to pay $10,000 for not hiring a man with a mental illness. NCAT found that Murrays discriminated against a Mr Chalker because of his mental illness and that he […]

Uncategorized May 4, 2017

Reasonable Notice and The Fair Work Act

When a party seeks to ends an employment contract, then “notice” must be provided unless, in the case of the employer the termination is based on serious misconduct or, in the case of the employee, it is based on repudiation. This article reviews the doctrine of Reasonable Notice and some of the statutory interventions that […]

Uncategorized April 4, 2017

Unprotected Action – What Can You Do To Stop It?

During negotiations for a new Enterprise Bargaining Agreement (“EBA”), employees and employers may engage in “industrial action” such as strikes or stand downs. The Fair Work Act 2009 (Cth) (“FW Act”) deals with industrial action in Part 3-3. Industrial action is considered “protected industrial action” under s.408 of the FW Act if it is an […]

Uncategorized April 4, 2017

Increased Penalties and Liability for Underpayment of Wages

A Bill, introduced into Federal Parliament on 1 March 2017, seeks to increase the penalties for wage theft, in particular the 7-Eleven “cashback” scam that surfaced in the Fair Work Ombudsman’s April 2016 investigation. The Bill, if passed, will introduce tough new laws expanding corporate and franchisor liability and increasing the civil penalties attached to […]

Uncategorized April 4, 2017

“Best Brothel in Australia” to pay $173,000 for Adverse Action

Daily Planet, the 18-time “best brothel in Australia” (but which is currently in liquidation) has been ordered to pay over $173,000 to a former receptionist, Ms Gabriella Rosa, who successfully claimed Adverse Action. Section 340 of the Fair Work Act 2009 (Cth) (‘FW Act’) mandates that a person must not take adverse action against another […]

Uncategorized March 8, 2017

Cuts to Sunday and Public Holiday Penalty Rates – The Legal Reality

The Fair Work Commission (“FWC”) has cut Sunday and Public holiday penalty rates in a number of industries in a decision published on 23 February 2017. The decision, which will take effect from 1 July 2017, will have a significant impact on the employment landscape and reflects a changing attitude towards weekend work. As the […]

Uncategorized March 8, 2017

“Unduly Hasty and Largely Tokenistic” Consultations are not Genuine Redundancies

There are two main defences to a claim of Unfair Dismissal under Part 3-2 of the Fair Work Act (“FW Act”).  These are: The dismissal was not “harsh, unjust or unreasonable” per s.385(b) FW Act; or There is a “jurisdictional objection” to the proceeding. The first of these is considered in cases where there is […]

Uncategorized March 8, 2017

Abandonment Clauses in Modern Awards

Six Modern Awards have Abandonment Clauses being the Business Equipment Award 2010; Contract Call Centres Award 2010; Graphic Arts, Printing and Publishing Award 2010; Manufacturing and Associated Industries and Occupations Award 2010; Nursery Award 2010 and Wool Storage, Sampling and Testing Award 2010. They also exist in some Enterprise Awards. They deal with employees who […]

Uncategorized February 9, 2017

Proposed Changes to Paid Parental Leave

On 8 February 2017, the Federal Government introduced the Social Services Legislation Amendment (Omnibus Savings And Child Care Reform) Bill 2017 (“the Bill”) into the Parliament. The Bill deals with a wide range of changes to income and family support payments. The Government is seeking crossbench support in the Senate for the whole package, but […]