Archive for January 2019
Domestic violence victim treated fairly despite sacking
A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s explanation that her deteriorating behaviour and performance was due to difficulties she was encountering in her personal life. In commending the employer for taking “extraordinary lengths” to support the employee, the Fair Work Commission (Commission) found that the dismissal was justified having…
Read MoreCourt fires warning shots at non-compliant employers
For a long time now – since the Fair Work Ombudsman first started prosecuting employers under the Fair Work Act 2009 (Cth) – it has generally been understood that accidental or inadvertent non-compliance with employment laws will be punished much less severely than deliberately unlawful activity. Those days, however, may be over, as a recent decision from…
Read MoreThe long road to compliance in 2019
They say that smooth seas don’t make skilled sailors. Looking ahead to known and predicted changes in the workplace relations space in 2019, HR and People Management professionals can look forward to another eventful year. While the system can be complex, achieving and maintaining compliance with the modern awards and the Fair Work Act 2009 is fundamental…
Read MoreJudge not: Commission confirms criminal history is no silver bullet for employers
For many retail businesses, criminal history checks make a lot of sense. With responsibilities such as handling cash, dealing with members of the public, and working with young people, retailers are required to place a significant amount of trust and confidence in their employees. However, relying on a criminal history check to decline to offer…
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