Shane Koelmeyer's Blog – February 2017 Archive (6)

Give me time – Employees reinstated following hasty redundancy consultation

Restructuring and redundancies can be difficult under the best of circumstances. Employers have obligations to their employees during these times and sometimes the fast paced demands of the business are at odds with those obligations. In a recent decision, Williams and Ors v Staples Australia Pty Ltd [2017] FWC 607, the Fair Work Commission (FWC) examined the obligations of a particular employer and found that its…

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Added by Shane Koelmeyer on February 28, 2017 at 10:07 — No Comments

It is all in the flexicution: Flexible working arrangements

What does an employer do in circumstances where it has granted flexible working arrangements and it is no longer able to accommodate the employee? 

The NSW Industrial Relations Commission (NSW IRC) in Construction Forestry, Mining and Energy Union (New South Wales Branch) v South Western Sydney Local…

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Added by Shane Koelmeyer on February 22, 2017 at 15:18 — No Comments

That’s my pejorative – Ethnic slurs in the workplace

All employers should be aware that discrimination in the workplace on the basis of a “protected attribute” is unlawful. For example, Australia’s anti-discrimination legislation provides that it is unlawful to discriminate on the basis of “race.”

Significantly, however, the legislation extends beyond “race”: the Racial Discrimination Act 1975…

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Added by Shane Koelmeyer on February 22, 2017 at 15:14 — No Comments

Appeal dismissed – Investigation letters issued to ill employee not a breach of duty of care

In Govier v UnitingCare Community [2017] QCA 12, an employee’s appeal was dismissed, confirming an earlier decision that her employer did not breach any duty of care when it issued letters to the employee in the course of an investigation, resulting in aggravation of her psychiatric conditions.

The employee in this case was a disability worker…

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Added by Shane Koelmeyer on February 22, 2017 at 15:00 — No Comments

Employer Alert: New Deadline for Building Code Compliance

Employers seeking to undertake Commonwealth funded building and construction work will be required to ensure that their enterprise agreements comply with the 2016 Building Code by 31 August 2017 under a new Bill introduced in Federal Parliament.

The Code for Tendering and Performance of Building Work 2016 (the 2016 Code) requires all…

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Added by Shane Koelmeyer on February 17, 2017 at 8:22 — No Comments

The Intern: Study finds over 500,000 people are participating in illegal unpaid work experience

When it comes to unpaid work experience, the question to be asked is, “Is it legal?”

In a recent study commissioned by the Commonwealth Department of Employment, it was found that in the last five years there were over half a million Australians engaged in (or who were engaged in) unlawful work experience. …

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Added by Shane Koelmeyer on February 17, 2017 at 8:16 — No Comments

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