Many National Disability Insurance Scheme (NDIS) support providers do not realise the risk involved in navigating the disability support industry and its underpinning framework. This is particularly relevant as NDIS support providers are often also employers.
The NDIS is a government-run program designed to assist people with disabilities.…Continue
Added by Jonathan Mamaril on July 29, 2021 at 7:30 — No Comments
A number of consultants, advisors, accountants, bookkeepers and business coaches have asked us recently about…Continue
Added by Jonathan Mamaril on July 28, 2021 at 8:00 — No Comments
In a recent unfair dismissal decision, the Fair Work Commission (FWC) has supported an employer’s decision to dismiss an employee for breaching its drug and alcohol policy despite the employer failing to strictly enforce the policy.
In Rushton v Giacci Bro Pty Ltd  FWC 3634, the FWC heard that the employee was employed by Giacci Bro Pty Ltd (the Employer) as a truck driver but, at the time of his dismissal, he had been performing light…Continue
Added by Shane Koelmeyer on July 26, 2021 at 16:00 — No Comments
Generally, the way in which an employee conducts themselves out-of-hours does not fall within the realm of what the employer can supervise or control. However, there are times where an employee’s conduct after business hours and away from work can impact the employment relationship.
The Fair Work Commission (FWC) recently made an important out-of-hours conduct ruling in the case Bobrenitsky v Sydney Trains  FWC 3792 where it ordered the reinstatement…
Added by Shane Koelmeyer on July 26, 2021 at 13:48 — No Comments
Today’s online assessments are generally completed in an unsupervised environment.
Although this is convenient for candidates and employers, it creates a new challenge.
How can talent managers ensure that the person completing a virtual assessment is the person who was invited to do so?
Hiring the wrong candidate has far-reaching implications for your organisation; including potentially negative consequences for existing employees and…Continue
Added by Stefan Hinrichsen on July 22, 2021 at 11:35 — No Comments
You may have heard of the Four Horsemen of the Apocalypse, represented by conquest, war, famine and death. Well you could very well be one of these horsemen according to psychology experts.
Further to the Four Horsemen of the Apocalypse, the idea of the 'Four Horsemen of conflict' was developed by psychological researcher Dr John Gottman in 1994. While Gottman's research focused on marriage conflict, the idea of the horsemen can be translated to any kind of conflict, including…Continue
Added by Alison Kennedy on July 22, 2021 at 6:30 — No Comments
What role does the investigator and the investigation play in ensuring that a dismissal is not unfair? It is important that employers and investigators get it right the first time every time.
When an employee submits an unfair dismissal application after being terminated from their employment, the Fair Work Commission looks at 3 criteria; was the dismissal Harsh, unjust and/or…Continue
Added by Phil O'Brien on July 21, 2021 at 17:30 — No Comments
Recently, Workplace Law successfully supported one of our clients in opposing an extension of time.
The Fair Work Act 2009 (Cth) imposes a strict 21-day time limit for employees to file unfair dismissal applications in the Fair Work Commission (FWC). The statutory limit starts from the date the dismissal takes effect.
If an application is lodged outside of the statutory time limit, then the employee must seek an extension of…Continue
Added by Shane Koelmeyer on July 15, 2021 at 16:17 — No Comments
Added by Stefan Hinrichsen on July 15, 2021 at 12:08 — No Comments
I have to agree with the article
Especially in relation to recommendation 17;
Amend the Sex Discrimination Act to introduce a positive duty on all employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment and victimisation, as far as possible.
The government argued that such requirements are already implied…
Added by Phil O'Brien on July 13, 2021 at 14:30 — No Comments
A Council employee was found to have engaged in serious misconduct for amongst other things harassing and being disrespectful to the HR manager. In the decision of Stamoglou v Banyule City Council  FWC 4722 (15…Continue
Added by Jonathan Mamaril on July 6, 2021 at 8:00 — No Comments
Recruitment firms have been around long enough that they’ve diverged, taking different approaches to their work in some major and some minor ways. And, since we all need to make a living, the way we charge our clients is no exception. In this respect, recruitment firms tend to come down on one side of the fence or the other: retainer or…
Added by Debbie Morrison on July 5, 2021 at 11:30 — No Comments
In the unfair dismissal jurisdiction, the primary remedy is reinstatement. This means the employer is ordered to return the employee to their employment in the position they held immediately prior to their dismissal or another position on no less favourable terms.
The Fair Work Commission (FWC) will have regard to a number of circumstances when considering whether to reinstate an employee, such as whether there has been a loss of trust and confidence in the…
Added by Shane Koelmeyer on July 2, 2021 at 10:59 — No Comments
In unfair dismissal matters, reinstatement is the primary remedy and the Fair Work Commission (FWC) may not make an order for compensation unless it is satisfied that reinstatement is inappropriate.
When considering whether reinstatement is appropriate, the FWC will have regard to a number of factors.
In the recent decision of Brelin v Sydney Trains  FWC 1314, the FWC ordered the reinstatement of an employee due to a “grossly unfair”…
Added by Shane Koelmeyer on July 2, 2021 at 10:13 — No Comments
Have you said this to yourself from time to time, maybe when you’ve been house-hunting, or car shopping, or looking for a new shade of paint for a room redecoration? That’s fair; sometimes you just need to sit in the driver’s seat, or see the colour on the wall before you really know.
But what about when you’ve…
Added by Debbie Morrison on July 1, 2021 at 11:46 — No Comments