Settlement agreements, terms of settlement, deeds of release or release and undertakings are all terms which are used interchangeably to refer to the binding and confidential agreements reached between parties in good faith to resolve claims or disputes.
Employees can make any number of claims against their employer, including but not limited to:
Added by Shane Koelmeyer on May 21, 2018 at 15:53 — No Comments
It started out as the humble smiley emoticon “:-)” in 1982 created by a computer scientist who wanted a “joke marker” to help people decipher his jokes in emails.
Some 36 years later, we now have an entire lexicon of emoticons (known as emojis) that can help decipher more than just jokes in an email. This lexicon includes a wider range of faces with emotions, hand and body gestures as well as other objects such as buildings, foods, animals and almost any other symbol you can think…Continue
Added by Shane Koelmeyer on May 21, 2018 at 15:48 — No Comments
In June 2015, Judge Jarrett of the Federal Circuit Court of Australia found that a Northern Queensland-based tour company and its owner had underpaid five employees and contravened the Fair Work Act 2009 (Cth) (FW Act) (Fair Work Ombudsman v Trek North Tours & Anor (No.2)  FCCA 1801).
Prior to commencing the Federal Circuit Court proceedings, the Fair Work Ombudsman (FWO) conducted an investigation into several complaints…Continue
Added by Shane Koelmeyer on May 21, 2018 at 15:38 — No Comments
Managing conflicting personalities can be one of the most challenging aspects of being a manager. Particularly when low level disagreements escalate to formal complaints, investigations, attempts at character assassination and breaches of confidentiality.
These issues were recently traversed in the Fair Work Commission’s (FWC’s) decision in Lecaude v Westpac Banking Corporation T/A Westpac  FWC 1969.
The employee in this case was dismissed after…Continue
Added by Shane Koelmeyer on May 14, 2018 at 10:35 — No Comments
In commentary that is particularly fitting for the story behind it, the FWC has found an employer was unreasonably inflexible when it dismissed an employee who had requested to finish work 15 minutes early to attend prepaid Pilates classes.
In Khutson v Chesson Pty Ltd T/A Pay Per Click  FWC 2080, the employee argued that her dismissal was unfair because she refused to sign a revised employment contract that, amongst other things, had sought to change her working hours…Continue
Added by Shane Koelmeyer on May 14, 2018 at 10:32 — No Comments
In a clear sign that employers should act on inappropriate behaviour, the Fair Work Commission (FWC) has held, in Talevski v Chalmers Industries Pty. Ltd.  FWC 1807, that an employee’s dismissal for serious misconduct arising from his unacceptable behaviour was not unfair.
The employee had been employed since 1986, most recently in the position of Handyman, with the employer who operated a truck transportation and logistics company.
Added by Shane Koelmeyer on May 14, 2018 at 10:25 — No Comments
The purpose of the Fair Work Commission’s (FWC’s) anti-bullying jurisdiction as provided by the Fair Work Act 2009 (Cth) (FW Act) is not to punish bullies or to compensate an individual who has been bullied but to prevent future bullying in the workplace. It is for this reason that the jurisdiction does not allow the FWC to make a monetary order. The FWC does however have a broad jurisdiction to make any other orders it sees appropriate to prevent…Continue
Added by Shane Koelmeyer on May 7, 2018 at 16:19 — No Comments
To be protected from unfair dismissal the Fair Work Act 2009 (Cth) (FW Act) requires an employee to:
It has often been the case that “managers” and senior officers of an enterprise will not be covered by a modern award or enterprise agreement, given the executive…Continue
Added by Shane Koelmeyer on May 7, 2018 at 16:13 — No Comments
Conducting a comprehensive induction for new employees is critical for compliance reasons but should also be viewed as an opportunity to connect new employees to the values and culture of the organisation they are joining.
An induction usually includes some kind of welcome, a walk around the workspace, a copy of the employer’s policies and procedures and a review of the emergency exits and muster points in case of an emergency.
Some inductions also include a workplace health…Continue
Added by Shane Koelmeyer on May 7, 2018 at 16:05 — No Comments