Shane Koelmeyer's Blog – November 2016 Archive (7)

Significant decision case study: FroYo master franchisor penalised for involvement in workplace law contraventions

Facts

Yogurberry World Square Pty Ltd (Yogurberry World Square) operated a take-away frozen yoghurt and drinks franchise in World Square, Sydney.

Yogurberry World Square was a member of a group of family of companies including a payroll…

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Added by Shane Koelmeyer on November 24, 2016 at 14:30 — No Comments

World in Motion: FWC clarifies status of volunteer coaches

The Fair Work Act 2009 (Cth) (FW Act) provides a protection from unfair dismissal and permits an application to be made for remedy. In our previous blog Objection! – Access to the Unfair Dismissal Jurisdiction we outlined some of the jurisdictional objections that can be raised by an…

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Added by Shane Koelmeyer on November 17, 2016 at 16:01 — No Comments

Shamming it up – Cleaners misclassified as independent contractors back paid $1.9 million

Earlier this month, the Fair Work Ombudsman (FWO) announced that cleaners working at hotels run by Oaks Hotels & Resorts Limited (Oaks), a major operator of more than 43 properties across Australia, have been back paid a total of $1.9 million.

This significant back payment followed a FWO inquiry earlier this year which resulted in…

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Added by Shane Koelmeyer on November 17, 2016 at 15:46 — No Comments

Small business matters: Procedural problems did not make dismissal unfair

The Fair Work Commission’s (FWC) recent decision in CA v Lane Cove Retirement Units Association Ltd t/as Pottery Gardens Retirement Village [2016] FWC 7504 put the small business fair dismissal code (the Code) in the spotlight.

Since the Code came into effect in 2010, there have been varied responses from the FWC decisions about the Code.  Some decisions have criticised the Code, with some…

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Added by Shane Koelmeyer on November 9, 2016 at 16:00 — No Comments

You’re making me angry! – FWC confirms dismissal of hot-headed employees

The Fair Work Commission (FWC) has recently handed down two separate decisions confirming that angry and aggressive conduct in the workplace will provide an employer with a valid reason or reasonable grounds (as per the Small Business Dismissal Code) for terminating an employee’s employment.



WK v Advantage…

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Added by Shane Koelmeyer on November 9, 2016 at 15:50 — No Comments

Pick and pay: FWO crackdown on piecework rates

This month the Fair Work Ombudsman (FWO) launched unprecedented legal action in the Federal Court against a large mushroom farm that paid hundreds of its employees based on how much they picked at a rate of 60 to 80 cents per kilogram.  It is alleged that the employees had been exploited and underpaid almost $650,000 in eight months.

A…

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Added by Shane Koelmeyer on November 3, 2016 at 13:46 — No Comments

We’ve hit the jackpot! - Workplace lotto syndicates and bullying

Recently it was reported that a Sydney factory employee applied to the NSW Supreme Court in an attempt to claim a share of the $40 million jackpot, won by 14 employees of a cable manufacturer in Liverpool. 

When the employee realised that the winning numbers had come up, the employee approached the syndicate organiser who advised him that he was not…

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Added by Shane Koelmeyer on November 3, 2016 at 13:30 — No Comments

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