Student accommodation provider UniLodge faced reports this month that it deducted a total amount of $74,336.00 for “rent” over the period October 2011 to April 2016 from the combined salary of two of its onsite caretakers.
The husband and wife caretakers claimed that they were paid a total of $85,784.40 gross over the same period, despite being…Continue
Added by Shane Koelmeyer on July 20, 2017 at 16:08 — No Comments
Setting policies and procedures for the effective management of drugs and alcohol in the workplace is important, particularly for safety critical industries.
The overarching goal of such policies and procedures is to ensure employees do not show up for work in an impaired state and place themselves, other employees or their employer’s business at…Continue
Added by Shane Koelmeyer on July 20, 2017 at 15:50 — No Comments
The general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) aim to protect employees from adverse action (including dismissal) because of a proscribed reason. Proscribed reasons include the existence of a workplace right and the exercise (or failure to exercise) a workplace right.
By way of example, an employee has a…Continue
Added by Shane Koelmeyer on July 20, 2017 at 15:30 — No Comments
When an employer receives notice from the Fair Work Commission (FWC) of an unfair dismissal claim, the first question they should ask is – does the FWC have jurisdiction to hear the matter?
There are numerous circumstances in which the FWC may not have jurisdiction and/or in which an applicant may not be eligible to make a claim to the FWC.…Continue
Added by Shane Koelmeyer on July 14, 2017 at 14:55 — No Comments
In a rare decision by the Fair Work Commission (FWC), an employee has been ordered to pay her former employer’s legal costs after it held that the employee’s application had no prospects of success, was without basis and was an abuse of process.
Costs under the Fair Work Act 2009 (Cth)…Continue
Added by Shane Koelmeyer on July 14, 2017 at 12:51 — No Comments
Earlier this year, we discussed the importance of providing specific written notice of termination to an employee (see our blog: Two Weeks’ Notice: What are the requirements for notice of termination?) in accordance with section 117 of the Fair Work Act 2009 (Cth) (FW Act).
Section 117(1) of the FW Act states that, an employer must not terminate an employee’s employment unless,…Continue
Added by Shane Koelmeyer on July 10, 2017 at 14:42 — No Comments
Reward and recognition programs are a great way to incentivise employees to work that little bit harder. Often these programs take the form of friendly, employer-sponsored competitions between employees where the winner takes home a prize.
These in-house competitions are generally run at the employer’s discretion and it maintains control over the…Continue
Added by Shane Koelmeyer on July 10, 2017 at 14:26 — No Comments
The colder weather marks the start of the cold and flu season where a cough or sneeze starting from one person quickly spreads throughout the whole office. The season also creates challenges for employers who may have to manage a dwindling workforce where employees (or their family members) may be struck down with an illness and need to take personal (sick) / carers leave.…Continue
Added by Shane Koelmeyer on July 5, 2017 at 15:56 — No Comments
Identifying correct Modern Award coverage and classification can be challenging at the best of times and getting it wrong can have serious consequences. It is well understood that misclassifying employees can impact on rates of pay and result in underpayment claims, but employers sometimes forget that employees who are paid well above modern award base rates of pay can still be covered by a modern award for other purposes,…Continue
Added by Shane Koelmeyer on July 5, 2017 at 15:30 — No Comments
Workers compensation legislation in each jurisdiction provides a “reasonable management action” defence or exception to claims of alleged psychological injury. The defence states that where an employee suffers a psychological injury as the result of management action, the employer will not be liable for that injury if the management action was reasonable and carried out in a reasonable manner.…Continue
Added by Shane Koelmeyer on July 5, 2017 at 15:26 — No Comments
A recent civil law suit filed in the US is set to examine how an employer might be liable for an employee’s conduct on social media. The suit alleges the employer is liable for the actions and damage caused by a managing director who used his LinkedIn account for official recruiting purposes but eventually began sending unsolicited and inappropriate (e.g. sexual) messages to a prospective employee.…Continue
Added by Shane Koelmeyer on July 5, 2017 at 15:00 — No Comments
Uber Technologies now appears to be undergoing a major remodel of its workplace environment, including the dismissal of 20 employees and the departure of CEO, Travis Kalanick, following a self-imposed investigation into the culture of the eight-year old company.
A fiery blog post by an ex-employee of the popular ride-hailing service was the trigger…Continue
Added by Shane Koelmeyer on June 22, 2017 at 17:22 — No Comments
Workplace bullying can often have a significant impact on workplace morale; however it can become compounded when the bullying occurs in small family run businesses where anti-bullying policies and procedures may not be in place.
This is the circumstance that the Fair Work Commission (FWC) recently considered when determining to make, by…Continue
Added by Shane Koelmeyer on June 22, 2017 at 17:16 — No Comments
Sham contracting and the exploitation of vulnerable workers have been hot topics recently following a series of high profile cases including the likes of 7Eleven, Baiada Poultry and Quest Serviced Apartments. The Fair Work Ombudsman (FWO) continues its crusade, investigating and litigating claims related to worker exploitation in supply chain arrangements.…Continue
Added by Shane Koelmeyer on June 22, 2017 at 17:06 — No Comments
There is no doubt that human resources information systems (HRIS) have changed the face of HR.
A good HRIS makes onboarding and compliance easier and can provide real-time data on an organisation’s workforce.
As reported this month in HRM Magazine, Futurist Chris Riddell…Continue
Added by Shane Koelmeyer on June 15, 2017 at 16:30 — No Comments
The issue of relocating employees from one location to another arises when a business is restructuring, when a site closes down, or when a business decides to move its operations.
A recent decision of the Fair Work Commission (FWC) considered the issues of relocation, redundancy and unfair dismissal. …Continue
Added by Shane Koelmeyer on June 15, 2017 at 16:00 — No Comments
Recently, there has been intense focus in the media on two of Australia’s top sporting codes and their negotiations for new pay deals. The threats of strikes and boycotts highlight why it is important to have and maintain good communication between the parties in the collective bargaining process.
Added by Shane Koelmeyer on June 15, 2017 at 15:30 — No Comments
Earlier this month, the Fair Work Commission (FWC) Full Bench handed down its decision in relation to an application to deal with a dispute in accordance with the dispute settlement procedure in the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the EBA). This decision was an appeal of an earlier decision by Commissioner Bissett with respect to the interpretation of clause 19 of the EBA…Continue
Added by Shane Koelmeyer on June 1, 2017 at 12:59 — No Comments
Earlier this month, the Senate Economics References Committee (the Committee) released its report on non-compliance with superannuation guarantee legislation in Australia. The report, titled “Superbad – Wage theft and non-compliance of the Superannuation Guarantee”, documents the findings of the Committee’s inquiry and makes recommendations for changes to the law and initiatives run by government agencies to deal…Continue
Added by Shane Koelmeyer on June 1, 2017 at 12:49 — No Comments
Just one look... or in the case for one former job centre employee, thirty five unauthorised “looks” at an ex-lover’s job seeker profile.
It was recently reported in the media that an employee who worked for a job services provider was convicted of criminal offences for accessing restricted data without authorisation.…Continue
Added by Shane Koelmeyer on June 1, 2017 at 12:35 — No Comments