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Uncategorized February 1, 2017

Criminal Records Checks and the use of adverse reports to end employment

The Australian Human Rights Commission (“AHRC”) Report into its investigation of a complaint against an employer, Data#3, has now been made public.  The complaint dealt with an allegation that the complainant was dismissed due to an adverse criminal record (he had served one year’s home detention following conviction by a New Zealand court for six […]

Uncategorized February 1, 2017

Costs Orders: Continuing Unreasonable Cases

Section 611 of the Fair Work Act 2009 (Cth) (“FW Act”) states that parties in a matter before the Fair Work Commission (“FWC”) must bear their own costs. However, the general rule allows for various exceptions (see our article of 3 November 2016 [insert hyperlink: http://www.williamsonbarwick.com/costs-orders-employee-ordered-to-pay-employers-legal-costs/]). In a recent costs ruling (Applicant v Respondent [2017] […]

Uncategorized December 21, 2016

Flexible working arrangements – Employee’s right to request but is it a request that may prove too costly for an employer to deny?

Under s.65 of the Fair Work Act 2009 (“FW Act”), an employee has the right to request a change in working arrangements (eg. change in hours of work, change in patterns of work and change in location of work) where the employee: (a) is a parent, or has the responsibility for the care of a […]

Uncategorized December 21, 2016

Damming Evidence Discovered Post Employee’s Dismissal May Still Be Relevant

Shayne Finemore v CMIB Insurance Services P/L [2016] FWC 8517 (29 November 2016) explores circumstances where an employee is dismissed but with the employer only having certain information available at that point in time. Post the dismissal, the employer came into evidence of further matters that reinforced its decision to dismiss the employee. Could the […]

Uncategorized November 3, 2016

Costs Orders: Employee ordered to pay Employer’s legal costs

Generally, under s.611 of the Fair Work Act 2009 (“FW Act”), parties to proceedings within the jurisdiction of the Fair Work Commission (“FWC”) are liable to bear their own costs in relation to the matter. This rule typically applies even in the case of a party that is unsuccessful in an Application, such as a […]

Uncategorized November 3, 2016

Changes to the Local Government Act

As most of our local government clients would be aware, there have been recent changes to the Local Government Act 1993 (NSW) (“LG Act”).  In particular, there are changes to way Councils must deal with variations to their organisational structure.  In the past, the Councillors determined the organisational structure within 12 months of their election […]

Uncategorized November 3, 2016

Beware of Accessorial Liability of Third Parties

Accessorial liability provisions in the Fair Work Act 2009 (Cth) (“FW Act”) may extend to third parties that are not the direct employer of an employee.  Employers need to be conscious of s.550 of the FW Act and its implications. Section 550 states: (1)     A person who is involved in a contravention of a civil […]

Uncategorized October 5, 2016

Casual v Permanent – What is the employment status of your employees & the consequences for getting it wrong?

The Full Bench of the Fair Work Commission (“FWC” or “Commission”) recently overturned a ruling of the Commission that a ‘casual employee’ had been unfairly dismissed.  In the first instance, Commissioner Riordan held due to the fact that the employee had been denied ongoing work by the employer, that act in itself was said to […]

Uncategorized October 5, 2016

Have you considered obligations relating to reasonable notice?

McGowan v Direct Mail and Marketing Pty Ltd [2016] FCCA 2227 In this Federal Circuit Court of Australia case, Mr McGowan (“the Applicant”) commenced employment with Direct Mail and Marketing Pty Ltd (“the Respondent”) on 25 February 1999 as an Account Manager. In 2009 the Applicant claimed that he and the Respondent entered into a […]

Uncategorized September 19, 2016

19 October 2016

CEO Institute – Performance Managing Average Staff