Shane Koelmeyer's Blog – December 2016 Archive (6)

The punishment did not fit the crime: FWC awards maximum compensation to dismissed employee who stole company property

A Qantas flight attendant (the Applicant) who was sacked for stealing alcohol from a flight and lying about it was awarded $33,731 in compensation by the Fair Work Commission (FWC) after it found that the decision to terminate the Applicant’s employment was harsh.

The FWC concluded that the Applicant was dismissed because he stole…

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Added by Shane Koelmeyer on December 12, 2016 at 12:00 — No Comments

Home Improvements: Dreamworld issued with 10 improvement and prohibition notices by WHS Queensland

Since the tragic events of October this year, Queensland theme park Dreamworld has come under intense scrutiny from the public, the media and a range of investigative bodies. The park gates have remained closed to guests over recent weeks while investigations and audits of the park’s facilities and processes have been conducted.

One such agency…

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Added by Shane Koelmeyer on December 7, 2016 at 15:40 — No Comments

Copy and paste: Employee admits to copying and accessing former employer’s confidential information

SAI Global Property Division Pty Ltd v Johnstone [2016] FCA 1333

Employees have ready access to their employer’s confidential information during the course of their employment. For an employee, this information is important in order to carry out their duties but for an exiting employee, they may be tempted to improperly retain confidential…

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Added by Shane Koelmeyer on December 7, 2016 at 15:34 — No Comments

Licence to labour hire: Victorian Government explores licensing system for labour hire companies

Underpayment and sham contracting in the labour supply chain has been the focus of much of the Fair Work Ombudsman’s (FWO) and the media’s attention this year.

The FWO has conducted a number of campaigns and inquiries into industries where the use of labour hire and independent contractors is prevalent.  In some circumstances, it has taken…

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Added by Shane Koelmeyer on December 5, 2016 at 12:43 — No Comments

“Inadequate” WHS penalty increased seven-fold on appeal

In June this year, a Victorian textiles company was fined $7,000 for breaching work health and safety laws when a subcontractor truck driver was floored by a 185kg bale of wool. In an appeal of that decision earlier this month, the County Court of Victoria increased the penalty to $50,000 when the Office of Public Prosecutions successfully argued that the $7,000 fine was inadequate.…

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Added by Shane Koelmeyer on December 5, 2016 at 12:30 — No Comments

Use it or lose it: Terminating employment and police investigations

The decision of the Fair Work Commission (the Commission) in NW v Taitung Australia Pty Ltd [2016] FWC 7982 reminds employers of the requirement to act quickly where an employee has been found guilty of serious misconduct even if the matter is the subject of a police investigation.

NW was working as a delivery driver for an Asian…

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Added by Shane Koelmeyer on December 2, 2016 at 12:03 — No Comments

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