Shane Koelmeyer's Blog – October 2016 Archive (8)

One size does not fit all: Is your investigation process flexible enough?

In our previous blog - Conducting Investigations: Are you in or out? we discussed internal and external investigations. The Queensland Industrial Relations Commission (QIRC)’s decision in East Coast Pipeline Pty Ltd v Workers Compensation Regulator [2016] QIRC 101 (East Coast Case) suggests to…


Added by Shane Koelmeyer on October 31, 2016 at 11:00 — No Comments

Clarity: FWC decision reminds employers about the need to be clear about termination dates

Fair Work Commission’s (FWC) Full Bench decision in Mohammed Ayub v NSW Trains [2016] FWCFB 5500 (Ayub Case) is a good reminder for employers about the need for clarity with respect to termination of employment and in particular when a termination is to take effect.    

Mr Ayub lodged an application for unfair dismissal and there was a dispute between the parties as to the correct date of termination of employment.  This was significant in terms of determining…


Added by Shane Koelmeyer on October 31, 2016 at 10:47 — No Comments

The fine print: Employee given green light to pursue employer for underpayment

The Western Australian Industrial Magistrates Court’s (the Court) decision in Simone Jade Stewart v Next Residential Pty Ltd [2016] WAIRC 00756 (16 September 2016) (Stewart’s Case) is a warning for employers to carefully review their current employment contracts, especially for award covered employees who are employed on an “annual salary” in accordance with an award term.

In Stewart’s Case, Ms Stewart was employed as an administration coordinator under the…


Added by Shane Koelmeyer on October 31, 2016 at 10:28 — No Comments

It’s all about the money: Bodybuilder payroll clerk stole over $200,000 from Woolworths

A senior Woolworths payroll clerk who stole over $200,000 and attempted to take a further $400,000 to fund her lifestyle in the USA while representing Australia in a bodybuilding competition has been sentenced to 5 years in prison. 

The payroll clerk stole the money by making it appear as though Woolworths was paying former employees – when in fact that money was going directly into her own bank account. 

This is not the first case of employees misappropriating money from their…


Added by Shane Koelmeyer on October 13, 2016 at 14:30 — No Comments

Up in the air: Airtasker and workers’ rights

Airtasker is the most recent operator in the “gig” economy facing allegations of sham contracting and underpayment for work performed.

Airtasker is an online service where users who require assistance with a particular job can connect with workers who are available and willing to complete the job. The tasks can range from home and garden maintenance, house cleaning, removal and pickup services to more specialist work including computer and IT support, administration and accounting…


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

Lay your cards on the table: ACCC takes action against franchisor and former director for alleged breaches of franchising code

In January 2015, a revised Franchising Code of Conduct (the Code) was enforced.  The purpose of the revisions was to introduce financial penalties and infringement notices for serious breaches of the Code. 

The Code requires a franchisor to provide prospective franchisees with a disclosure document as part of its disclosure obligations.  The disclosure document must disclose relevant business experience of all its officers and other materially relevant facts.  Materially…


Added by Shane Koelmeyer on October 10, 2016 at 15:54 — No Comments

Extra-time for penalties – FWC Full Bench extends time for penalty rates decision

It has been more than two years since modern award penalty rates were identified as an issue for review by the Fair Work Commission (FWC) and there is still no ruling from the FWC Full Bench as to whether penalty rates in the hospitality and retail industries will change or remain the same. Interested parties had hoped to have a decision in October this year, but recent developments mean that a decision is more likely to be months away.

Back in January 2014, the FWC commenced…


Added by Shane Koelmeyer on October 7, 2016 at 13:27 — No Comments

FWC considers push for paid domestic violence leave

As part of the four yearly review of modern awards, the Fair Work Commission (FWC) is considering the proposal made by the union movement to insert a family and domestic violence leave (FDVL) clause into all modern awards.

In 2014, the Australian Council of Trade Unions (ACTU) applied to the FWC to have a FDVL clause inserted into modern awards.  The ACTU’s current proposal is:

  • for employers to provide access to 10 days per year of paid family and…

Added by Shane Koelmeyer on October 7, 2016 at 13:00 — No Comments

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