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Uncategorized June 18, 2015

Use of Loss of Trust and Confidence in Terminations of Employment

Harrington v Coates Hire Operations Pty Limited 6 May 2015 [2015] FWC 2598 In this case, the Fair Work Commission (“FWC”) considered the termination of the Applicant’s employment for a safety breach (the safety incident).  His duties involved collection and delivery of portable toilets.  Coates was a contractor to the site managers supporting the constructing and commissioning […]

Uncategorized June 18, 2015

Superannuation Rates and Threshold for 2015/16

The ATO has released key superannuation rates and thresholds for the 2015/16 year.  These rates and thresholds have been indexed in accordance with the average weekly ordinary time earnings figures released by the Australian Bureau of Statistics.  From 1 July 2015: For employees aged 18 to 49 years: The concessional contributions cap is $30,000 for […]

Uncategorized June 17, 2015

Results of Client Survey

A BIG thank you to all our clients who responded to our survey conducted earlier in the year.  We were very grateful for your input and feedback. Happily, 77.5% of respondents rated our services as “excellent” and 22.5% as “above average”.  This was a pleasing result, but we will aim for 100% “excellent” in our […]

Uncategorized June 16, 2015

Two Key Workplace Effects of the 2015 Federal Budget

The Federal Budget, brought down on 12 May is complex and will be well known to most business people. However, we want to highlight two largely unknown changes. Personal motor vehicle use in the workplace From 1 July 2015 there will only be one method for owners to claim motor vehicle expenses for work related […]

Uncategorized June 16, 2015

Adrian Barwick is coming to WilliamsonLegal

We are also delighted to announce that from 1 July 2015, Adrian Barwick will join WilliamsonLegal as Special Counsel. Adrian has a wealth of experience in industrial relations and employment law and has been an Accredited Specialist in this jurisdiction since 2005.  This will bring our team to four practitioners and will help us to […]

Uncategorized April 15, 2015

How does the Fedreal Court deal with fines imposed pursuant to the Fair Work Act (“FW Act”) when there are multiple breaches?

Rocky Holdings Pty Limited v Fair Work Ombudsman [2014] FCAFC 62 (27 May 2014) As a result of Federal Circuit Court proceedings in late 2013, Rocky Holdings Pty Limited, a medical practice based in Liverpool NSW, was fined $88,870 for, over three years, underpaying an 18 to 21 year old, vision-impaired, worker by more than […]

Uncategorized March 2, 2015

Dealing with culturally diverse clients – Part 2

In a previous update, we discussed recognising the business and operational need to manage cultural diversity following Brian’s presentation at a national conference in which he presented a paper dealing with managing cultural diversity in clients and customers. It soon became apparent to him that many employers have never turned their minds to this issue, […]

Uncategorized March 2, 2015

When is a casual not a casual?

As part of its four year review of awards, the Fair Work Commission has identified a number of “common issues” across the modern awards which it will address through submissions to separate full benches. The common issues thus far identified are: annual leave, apprentice conditions, award flexibility, part-time employment, public holidays, transitional provisions and Casual […]

Uncategorized November 28, 2014

Important case dealing with the accrual of annual leave during period of workers compensation leave

There has not been clarity about whether an employee in NSW is entitled to accrue and take annual leave while receiving workers’ compensation benefits. This is because the Fair Work Act 2009 (Cth) (FW Act) provides that a worker cannot take or accrue annual leave unless permitted by relevant state / territorial workers’ compensation legislation.  […]

Uncategorized August 15, 2014

Employers must pay for hurt and distress of workplace sexual harrasment

Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 (15 July 2014) In February 2013, Ms Richardson, a senior manager of the software giant, Oracle, was initially awarded the modest sum of $18,000 damages when it was found that a male colleague had sexually harassed her in the workplace from April to November 2008. […]