Shane Koelmeyer's Blog – August 2016 Archive (10)

Foreign Language - Unfairly dismissed 457 visa employee awarded maximum compensation

Employers are obligated to comply with the Fair Work Act 2009 (Cth) (FW Act) when employing employees in Australia – including providing the minimum terms and conditions of employment as prescribed by the FW Act and an applicable modern award (if any) or enterprise agreement.

Employees who are employed on working visas (for example subclass 457 or 417 visas) are able to make applications for unfair dismissal and have their case heard by the Fair Work Commission…

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Added by Shane Koelmeyer on August 23, 2016 at 14:02 — No Comments

Oops I did it again! Costly spelling mistakes

It was reported in the news that an accounting firm was unsuccessful in its application to restrain its former partners from poaching and soliciting its clients after a spelling mistake in an email address meant critical correspondence was not received. 

The accounting firm’s (now former) solicitors sent an email to the  law firm representing the former partners which was not received by the law firm because the email address of the recipient was spelt…

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Added by Shane Koelmeyer on August 23, 2016 at 14:01 — No Comments

We don’t talk anymore... Consultation and genuine redundancy

The Fair Work Act 2009 (Cth) (FW Act) requires Enterprise Agreements to include a consultation clause obliging employers to consult with their employees about “major workplace change” or a change in regular rostering or ordinary hours of work.

In addition to Enterprise Agreements, Modern Awards also include consultation terms where employers must notify employees of major workplace change and engage in discussion.

Consultation clauses are activated when an…

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Added by Shane Koelmeyer on August 18, 2016 at 17:00 — No Comments

Would I lie to you? – Applicants who provide phony statements of service and referees to secure a job

It has recently been reported that a Melbourne man is about to be sentenced for falsifying accounting documents and obtaining property by deception.  The 313 charges laid against the man related to his employment at an electrical store.  The man had forged four of his character references to secure the employment.  It was discovered at the hearing that one of the referees had never heard of the man and the others denied providing the man with a reference.

In our blog article…

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Added by Shane Koelmeyer on August 18, 2016 at 16:47 — No Comments

No soup for you! – Double dipping and applications “in relation to” dismissals

Jurisdictional objections can sometimes come as an afterthought when employers are faced with defending a claim in the Fair Work Commission (FWC). It’s very easy to get caught up in who-said-what-and-when and forget that if a valid jurisdictional objection is available, you might not have to defend a claim at all.  In a recent decision of the FWC, an employer successfully argued that it did not have to respond to an employee’s general protections application because it was…

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Added by Shane Koelmeyer on August 18, 2016 at 16:07 — No Comments

I'll make you a (redeployment) offer that you cannot refuse!

In our previous blog article Objection! – Access to the Unfair Dismissal Jurisdiction we touched on the exemptions of unfair dismissal, one of which included genuine redundancy. 

If the Fair Work Commission (FWC) finds that an employee’s employment was terminated on the basis of a genuine redundancy, the employee does not have access to the unfair…

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Added by Shane Koelmeyer on August 11, 2016 at 15:00 — No Comments

Apologies for the delay... Time limits for unfair dismissal applications

Under the Fair Work Act 2009 (Cth), employees have 21 days from the date of the termination of their employment to lodge an application for unfair dismissal with the Fair Work Commission (FWC). If an employee misses this deadline, they are barred from bringing their claim unless they demonstrate to the FWC that exceptional circumstances apply to their case.

In two recent decisions, the FWC has considered whether the actions of the employers were contributory factors to…

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Added by Shane Koelmeyer on August 11, 2016 at 14:30 — No Comments

Ride with me – Food delivery bicycle riders and sham contracting

Last month, the Young Workers Centre in Victoria and Maurice Blackburn Lawyers announced their partnership in a new campaign called Rights for Riders. The campaign will aim to improve safety, pay and conditions and job security for food delivery bicycle riders engaged by on demand food delivery services.

In addition to Rights for Riders, Maurice Blackburn has also flagged the possibility of running a test case centred on sham contracting and minimum entitlements for food…

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Added by Shane Koelmeyer on August 4, 2016 at 16:30 — No Comments

Codes and Keys: Small business employers and the Small Business Fair Dismissal Code

For most employers the disciplinary process with its obligation to ensure procedural fairness usually leads to a well-documented but often protracted process.

For small business employers, where an employer has followed and is compliant with the requirements of the Small Business Fair Dismissal Code (the Code), the employee is not (generally) to be considered to be unfairly dismissed.

The Code, which applies to small businesses (i.e. those who employ less than 15…

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Added by Shane Koelmeyer on August 4, 2016 at 15:30 — No Comments

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