News
With the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2018 (Cth) (the Amendment Act) taking effect last month, now is an apt time to reflect on how officers of a company are subject to hefty penalties for failing to pay employee entitlements adequately when they fall due. The Amendment Act demonstrates stronger policy objectives behind the legislation, pushing for courts to penalise individuals failing to pay employee entitlements, and targeting illegal phoenixing and asset shifting activities of companies. If you aren’t sure who in your business would be considered an “Officer” under the Corporations Act 2001 (Cth), it is necessary for you to…
Read MoreLate last year, the media introduced us to Angela Williamson, an employee of Cricket Australia allegedly sacked after she posted on Twitter criticising the Tasmanian Government’s policy on abortion laws. Ms Williamson subsequently filed an application with the Fair Work Commission, arguing that CA had breached the general protections provisions in the Fair Work Act 2009 (Cth) (Fair Work Act). The matter was settled outside of court in September. In more recent memory, Michelle Guthrie’s departure from the ABC and subsequent general protections application was almost universally referred to as an “unfair dismissal.” Despite the apparent similarities between unfair dismissal and general…
Read MoreThe nature of retail means that public holiday requirements can be quite complex. This year, a late Easter means up to five public holidays will fall in the space of a week, raising questions as to employee entitlements, attendance, and trading hours during this time. When can we open? Trading hour regulations vary state-by-state, and may change depending on the size or nature of your business. Any restrictions applicable to your business must be complied with. It is important to note that on days where no restrictions apply, for example, Easter Saturday in Tasmania, businesses are not obliged to…
Read MoreWith the Fair Work Act 2009 (Cth) (the FW Act) nearing its tenth anniversary in April, now is an apt time to reflect on how the landscape of industrial law has changed both because of the Act, and because of changes to it over time. We have previously discussed how the FW Act, in this age of rapid technological change, has led to the rise of the non-lawyer industrial advocate (see related article here). In more recent years, however, we have seen the rise of another form of industrial advocate which has generated much anguish amongst registered unions and caused any number of…
Read MoreWorkers’ compensation legislation can be complicated and confusing, even to experts, and the recent Queensland case of Mandep Sarkaria v Workers’ Compensation Regulator [2019] ICQ 001 aptly demonstrates just how technically bewildering this legislation can be. In this case, the Industrial Court of Queensland held that Ms Sarkaria was “temporarily absent from her place of employment” on an “ordinary recess” when she fell off a ladder and broke her leg, and thereby entitled to workers’ compensation. The catch? She broke her leg in her employer’s storeroom – so how was she “absent” and how was she on an “ordinary recess”? What…
Read MoreIn the first charge of reckless conduct to be successfully tried under the harmonised work health and safety legislation, a director of a Queensland roofing company has been sentenced to 12 months imprisonment for his contribution to the fatality of a 62-year-old worker. Charges against the director were upheld in a majority verdict by the jury, after hearing that the director had been motivated by money in his decision not to take reasonably practicable safety measures. This decision represents a significant development in the Court’s approach to penalties and supports a recent trend in the focus on individual liability following…
Read MoreThe Australian Labor Party’s 48th Annual Conference was held in mid-December 2018, a significant event which determined the key elements of Labor policy heading towards this year’s Federal election. A 225-page national platform was put to, and adopted by, the Labor caucus, although additional resolutions were passed to supplement the document put before the party faithful. For such a significant document, only 12 pages were dedicated to the industrial relations policy that Labor will implement if elected to government; however, although a relatively short chapter, the policies outlined in somewhat sparse detail therein provide a mixed bag for employers. On…
Read MoreCustomer misbehaviour, aggression and violence continues to be a challenge for employers and employees in the retail and fast food industries. Last year, the Shop Distributive and Allied Employees Association (SDA) shed light on this burgeoning issue, after revealing that 87% of workers surveyed had confessed to experiencing verbal abuse or aggressive behaviour from customers within the past 12 months. Unsurprisingly, these figures tend to spike around the festive season due to an increase in foot traffic, family tensions and alcohol consumption flowing into the work environment. However, reports on the shocking treatment of retail and fast food workers continue…
Read MoreA 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 regard for her lack of punctuality and unauthorised absences. Background The Applicant commenced her employment in 2007 and according to the Store Manager, was a reasonably good employee, up until 2014 when she became involved a troublesome relationship. It was at this point that…
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