Articles
In the current enforcement climate, it is valuable to note a recent case in which the Fair Work Ombudsman (FWO) was successful in obtaining an increase of fines on appeal to almost five times the initial order, for an underpaying company director. In yet another illustration of how the courts are making an example of companies and accessories involved in underpayments, the appeal of this matter has confirmed the position that multiple contraventions should not be grouped together for the purpose of setting penalties. The original matter involved two now-deregistered Safecorp Security Group companies who were held to have breached…
Read MoreFair Work Commission losing patience over defective workplace investigations By Lucy Harper and Calum Woods, NRA Legal Please note, this decision was quashed by the Full Bench of the Commission on 11 November 2019. The Full Bench found that the Commissioner did not take into account Ms Murphy’s history of domestic violence and associated psychological injuries when deciding whether the dismissal was harsh in the circumstances. In any event, the Full Bench held that there was insufficient evidence of any mental health issues. As such, the outcome was the same and the application was dismissed. The line between employees’ work and personal…
Read MoreWhen getting legless can lead to being jobless: lessons learned from after-work drinks By Thomas Parer and Lindsay Carroll, NRA Legal Employers and employees are starting to realise that grabbing some casual drinks after work could leave them with bigger consequences than just a hangover. In the recent decision, the Full Bench of the Fair Work Commission upheld reinstatement of an employee who was dismissed for drinking to excess at an after work event and her ensuing conduct. This decision illustrates the pitfalls of managing conduct at after work drinks both for workers and employers, and provides some clear guidance…
Read MoreIt has been heralded as the test case on where to draw the line on the freedom to practise religion, and how much say an employer has in their employees’ personal lives. Regardless of where you stand in the debate, there is no doubt that it has touched on many issues that are important to Australians, and perhaps more importantly for present purposes, noteworthy from an industrial relations perspective. The story so far On 10 April 2019, Folau, an outspokenly devout Christian, made a post on his public Instagram account, stating that among other things, “hell awaits” thieves, atheists,…
Read MoreFrom 1 July 2019, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2018 came into effect. A response in part to the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry, this Act amends several key items of legislation to allow greater protections for whistleblowers who come forward to report misconduct and malfeasance. Protection for eligible whistleblowers With companies being prescribed as regulated entities, any officer or employee of a company who makes a disclosure to ASIC or another regulatory body is an eligible whistleblower protected under the Act. What disclosures are protected? A disclosure by an eligible whistleblower, such as…
Read MoreFollowing a spate of recent announcements by the Fair Work Ombudsman, it seems the employment status of workers in the gig economy will continue to avoid the judicial scrutiny that many had sought. On Friday 7 June 2019, the Fair Work Ombudsman announced the completion of its investigation into Uber Australia Pty Ltd, and its engagement of drivers. Sandra Parker, the Ombudsman, said “The weight of evidence from our investigation establishes that the relationship between Uber Australia and the drivers is not an employment relationship.” In a further development, the Ombudsman has since announced on 21 June 2019 the discontinuation…
Read MoreIn what may be indicative of a growing trend in the trade union movement, Australia’s largest blue-collar unions outside the CFMMEU – United Voice and the National Union of Workers – are progressing their plans to amalgamate and form the fourth-largest union in the country. Between 24 July and 28 August 2019, members of United Voice (UV) and the National Union of Workers (NUW) will vote to decide whether or not to amalgamate to become the United Workers’ Union (UWU). This comes at a time when each union is fresh off a disappointing result in the federal election for the…
Read MoreAfter part-time employment, reasonable additional hours is one the most commonly misunderstood concepts for employers in the retail and quick service industries. In fact, even the question “how many additional hours would be considered reasonable?” betrays a misapprehension of the topic, as the answer is particular to your business and often different for each individual employee. In this article, we break down the top 3 most common myths about “reasonable additional hours”, and what it means for your business. (X) number of hours are “reasonable” for an employee to work The Fair Work Act 2009 (Fair Work Act) expressly provides that an…
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