Shane Koelmeyer's Blog – February 2016 Archive (5)

Caught red handed: relying on CCTV footage in disciplinary proceedings

Workplace monitoring and surveillance is now commonplace and typically involves computer surveillance, tracking surveillance and/or CCTV recording. 

Employers implement and use surveillance for many reasons including security as well as monitoring safety and productivity. 

From time to time employee misconduct or misbehaviour is captured by surveillance and in such cases, employers must exercise caution to use the…


Added by Shane Koelmeyer on February 25, 2016 at 9:30 — No Comments

Modern award compliance failures also relevant in unfair dismissal proceedings

A recent decision by Deputy President Bartel of Fair Work Commission (FWC) in Jaymon Hocking v Tackle World Adelaide Metro [2015] FWC 6519 (Hocking’s Case) provides yet another valuable lesson for employers in relation to Modern Award compliance.

In Hocking’s Case, Mr Hocking had been employed since 2012 as a sales assistant who worked regular days and hours. Mr Hocking was divorced and had access to his three children every second weekend.

Mr Hocking was given a new eight week…


Added by Shane Koelmeyer on February 17, 2016 at 13:30 — No Comments

Employers’ vicarious liability for employee’s discriminatory conduct

The decision of the Northern Territory Anti-Discrimination Commission in Frances Newchurch v Centreprise Resource Group Pty Ltd, Mr Graham Ride and Ms Sarah Ride [2016] NTADComm 1 (Newchurch decision) highlights that employers may be found to be vicariously liable for their employee’s discriminatory conduct where it is not demonstrated that it took “all reasonable steps” to prevent the employee…


Added by Shane Koelmeyer on February 16, 2016 at 8:00 — No Comments

When is a volunteer not a volunteer (for the purpose of the FWC's anti-bullying jurisdiction)?

Commissioner Peter Hampton of the, Fair Work Commission (FWC), has provided some clarity as to whether a volunteer can apply for a stop bullying order in his decision in the matter of Gaylene May McDonald [2016] FWC 300 (McDonald Case).

Section 789FC of the Fair Work Act 2009 (Cth)…


Added by Shane Koelmeyer on February 16, 2016 at 7:30 — No Comments

If the boot doesn't fit

AJ Convenience Stores Pty Ltd T/A 7-Eleven Rozelle & 7-Eleven Bexley [2016] FWC 330

In order for an Enterprise Agreement to be approved by the Fair Work Commission under the Fair Work Act 2009 (Cth) (FW Act), the proposed agreement must pass the ‘better off over all test’ (the BOOT).

Section 193 of the FW Act provides that a proposed agreement will pass the BOOT if:

‘the FWC is satisfied, as at the test time, that each award covered employee, and each prospective…


Added by Shane Koelmeyer on February 9, 2016 at 15:00 — No Comments

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