The sudden resignation of the head coach of the Western Sydney Wanderers (the Club) was a shock to the Club and to the wider A-League football community.
The head coach advised the Club just one week before the start of the A-League season that he would be leaving immediately to take up a coaching role at an international club, and in the…Continue
Added by Shane Koelmeyer on November 2, 2017 at 15:38 — No Comments
In its first ever underpayment prosecution relying on the race discrimination provisions of the Fair Work Act 2009 (Cth) (FW Act), the Fair Work Ombudsman (FWO) has successfully established that two employees of Chinese descent and Malaysian extraction were underpaid because of their race and/or national extraction (Fair Work Ombudsman v Yenida Pty Ltd & Anor  FCCA 229).…Continue
Added by Shane Koelmeyer on November 2, 2017 at 15:16 — No Comments
In Part 1 of our blog series on older employees, Selfie time – Video “Snaplication and the potential for age discrimination in recruitment, we looked at age discrimination in the recruitment process.
At the other end of the…Continue
Added by Shane Koelmeyer on October 17, 2017 at 14:43 — No Comments
In the modern day workplace, employers are becoming increasingly reliant on computer systems and introducing new forms of technology and equipment to increase productivity and output. It is often therefore a requirement that employees be proficient in certain computer programs or, at least, that they undergo training to become proficient.…Continue
Added by Shane Koelmeyer on October 16, 2017 at 16:30 — No Comments
We’ve all heard of “blind” recruiting, particularly in the early phases of the recruitment process, but what about the opposite? Actively recruiting based on a visual medium? Look no further than the “Snaplication.”
The Snaplication is an online video job application that can be made and submitted using social media app Snapchat. The Snaplication is…Continue
Added by Shane Koelmeyer on October 16, 2017 at 16:00 — No Comments
The world has been following the NFL with keen interest these past few weeks after President Trump called on NFL owners to fire players who refused to stand for the US national anthem and flag before a game – raising interesting questions for us sports-loving employment lawyers.
The “Take a Knee” movement was started in 2016 by former San Francisco…Continue
Added by Shane Koelmeyer on October 11, 2017 at 16:21 — No Comments
All too often workplace disputes arise out of conversations or meetings where the participants have wildly different versions of events. The parties then end up before a court or the Fair Work Commission (FWC) where a judge or FWC member is tasked with deciding whose evidence they prefer – essentially, who appears to be more credible and reliable.…Continue
Added by Shane Koelmeyer on October 11, 2017 at 16:05 — No Comments
In determining whether an employee’s termination was harsh, unjust or unreasonable, s 387 of the Fair Work Act 2009 (Cth) (FW Act) provides a list of criteria the Fair Work Commission (FWC) will consider. One such criterion is whether there was any unreasonable refusal by the employer to allow the person to have a support person present in any discussions relating to dismissal.…Continue
Added by Shane Koelmeyer on October 11, 2017 at 15:31 — No Comments
From the moment an individual applies for a job, an employer has collected personal information about that person. As the employment relationship continues more and more personal information about the individual is collected – and for legitimate reasons.
Some information may relate to the practical side of the employment relationship like contact…Continue
Added by Shane Koelmeyer on October 11, 2017 at 15:14 — No Comments
A recent decision of the Fair Work Commission (FWC) has highlighted the importance of correctly managing employees’ requests for annual leave (Adriana Stevens v Horsley Park Supermarket Pty Ltd T/A Carlo’s IGA Horsley Park  FWC 4626).
The employee in question was dismissed from her employment as a Duty Manager in a supermarket…Continue
Added by Shane Koelmeyer on October 11, 2017 at 14:45 — No Comments
There is no doubt that we are glued to our phones, our mobile phones to be specific. In 2016, the Australian Communications and Media Authority reported that 5.78 million Australians no longer have a fixed-line telephone at home, relying solely on their mobile phones to communicate with others. A 2016 Deloitte study found that 27% of Australian mobile consumers claimed to not have made any standard voice calls in a given week,…Continue
Added by Shane Koelmeyer on September 29, 2017 at 13:18 — No Comments
The power of the courts to make orders in response to a contravention of a provision of the Fair Work Act 2009 (Cth) (FW Act) is a broad one. It is derived from section 545(1) of the FW Act, which states:
“The Federal Court or the Federal Circuit Court may make any order the court considers appropriate if the court…
Added by Shane Koelmeyer on September 29, 2017 at 13:04 — No Comments
In unfair dismissal applications, the Fair Work Commission (the Commission) must look at the factors under section 387 of the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.
The first of these factors is whether there was a ‘valid reason’ for the dismissal relating to…Continue
Added by Shane Koelmeyer on September 29, 2017 at 12:50 — No Comments
Managing workplace behaviour is a balancing act for employers and HR. Some workplace policies provide examples of unacceptable behaviour and how to deal with it, but these policies cannot hope to address all types of behaviour or prescribe every appropriate redress. Employers need to exercise some judgment when they become aware of inappropriate behaviour and consider carefully whether an employee’s conduct will warrant…Continue
Added by Shane Koelmeyer on September 25, 2017 at 15:47 — No Comments
In Willmot v BlueScope Steel Limited  FWC 4309, the Fair Work Commission (FWC) considered an unfair dismissal application made by an employee who was summarily dismissed for serious misconduct in relation to his worker’s compensation claim.
Mr Willmot (the Employee) was employed by BlueScope Steel Limited (Employer)…Continue
Added by Shane Koelmeyer on September 25, 2017 at 15:14 — No Comments
When employers conduct an organisation-wide review of their operations, it can be both an exciting and challenging time. There are significant gains to be made by identifying inefficiencies and addressing them. However, the desire to move too swiftly and rush this process should be avoided. Moving too fast may result in employers either intentionally or unintentionally disregarding their legal obligations to…Continue
Added by Shane Koelmeyer on September 25, 2017 at 15:03 — No Comments
Technology is often used to make the performance of our daily or work tasks easier – however it has become increasingly sophisticated and can now be used to measure and monitor our every move and task.
Recently, financial institution Barclays introduced a new tracking devices system called “OccupEye” underneath employee workstations in the UK. The…Continue
Added by Shane Koelmeyer on August 31, 2017 at 17:32 — No Comments
Bullying complaints can often be difficult to manage and investigate, particularly when they involve allegations about the exercise of a workplace right to join or not join a union.
In King v The Trustee for Bartlett Family Trust T/A Concept Wire Industries  FWC 3867, the Fair Work Commission (FWC) considered an unfair dismissal…Continue
Added by Shane Koelmeyer on August 31, 2017 at 17:04 — No Comments
It is no secret that the Fair Work Ombudsman (FWO) has been cracking down on employers breaching their employment obligations under the Fair Work Act 2009 (Cth) (the FW Act) and exploiting vulnerable workers in order to gain financial and competitive advantage.
Indeed, the Federal Government is very close to passing a Bill…Continue
Added by Shane Koelmeyer on August 31, 2017 at 16:51 — No Comments
Allegations of workplace bullying can present some of the most demanding circumstances that an employer will face in the course of the employment relationship. There is the initial response to consider, an investigation, the possibility of counter allegations and, of course, the potential involvement of lawyers and unions.
The Fair Work Commission…Continue
Added by Shane Koelmeyer on August 31, 2017 at 16:45 — No Comments