RESOURCES

WORKPLACE & EMPLOYMENT

Asleep at the Ferry Wheel

Asleep at the Ferry Wheel

In Sclater v Transdev Harbour City Ferries Pty Ltd T/A Transdev Harbour City Ferries [2019] FWC 7968, a Ferry Master received a rude awakening when he was caught napping on board a Sydney ferry while supposedly on duty. The Ferry Master’s slumber was exposed when a...

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Australia’s Wage Theft Scandal, Big Names and Bigger Bucks

Australia’s Wage Theft Scandal, Big Names and Bigger Bucks

Wage theft, it’s the hot workplace topic of the moment with many of Australia’s favourite brands and personalities embroiled in the scandal. Woolworths is just the most recent of a long list of Australian employers stepping into the underpayment spotlight, with the...

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Job Kept After Big Night Out

Job Kept After Big Night Out

The case of Puszka v Ryan Wilks [2019] FWC 1132 shows that after hours behaviour can have consequences for employment, although in this case the Fair Work Commission agreed that the employer’s dismissal of the employee was unfair and ordered the employee’s...

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Unpaid Leave and Continuous Service

Unpaid Leave and Continuous Service

As fires raged across parts of Australia this summer employees took leave from their work to fight them in volunteer fire brigades. Unless they had an agreement with their employers this leave would have been unpaid. What does taking unpaid leave mean for the concept...

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I Quit. Now What Do I Do About This Restraint of Trade?

I Quit. Now What Do I Do About This Restraint of Trade?

If you are employed in professional services, you will most likely have a post-employment restraint clause in your employment contract. So, what is it and what does it mean when the employment relationship ends. A restraint of trade is a contractual clause that seeks...

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Redundancy V Unfair Dismissal

Redundancy V Unfair Dismissal

A recent decision of the Fair Work Commission McShane v Port of Newcastle [2019] FWC 177 has restated the principles around redundancy. Mr McShane argued the Port of Newcastle’s decision to make his position redundant was not genuine and that as a result he had been...

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Stress Not Enough to Extend Time

Stress Not Enough to Extend Time

Two recent decisions of the Fair Work Commission have demonstrated the difficulty employees face if they do not lodge their unfair dismissal applications within the 21 day period. In the first instance the employee was two years and two months late (Ellikuttige v...

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Workplace Dismissal – Who Do You Believe?

Workplace Dismissal – Who Do You Believe?

But I’m telling the truth! What happens when the parties to a case have varying accounts of what was said and done? Who is to be believed? In the matter of Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd, a former restaurant manager...

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Unfair Dismissal – Your Worker Has Been With You for How Long?

Unfair Dismissal – Your Worker Has Been With You for How Long?

How long does an employee have to be employed before they’re eligible to make an unfair dismissal claim?The short answer is “that depends on the size of your business.”  If you’re a small business, the employee will have 12 months before they can claim eligibility. If...

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Doubt About Status of Casual Employment

Doubt About Status of Casual Employment

A recent decision of the Federal Circuit Court has cast doubt on whether casual employment is in fact that: Skene v WorkPac Pty Ltd [2016] FCCA 3035. Mr Skene was employed as a dump truck operator by WorkPac, a labour hire company, which supplies workers to mines. His...

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Dirty Talk Costs a Career

Dirty Talk Costs a Career

A police officer who was dismissed for serious misconduct for breaches of the New South Wales Police Force Harassment, Discrimination and Bullying Policy and Guidelines has failed in his attempt to have his employment reinstated: Torres v Commissioner of Police....

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Annualised Salary and Award Covered Employees

Annualised Salary and Award Covered Employees

An employer which offers employees contracts with annualised salaries to compensate for all entitlements to which they are entitled under an applicable award needs to beware. The applicable award may provide that an employer must state in writing which provisions of...

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Unfair Dismissals and Penalties

Unfair Dismissals and Penalties

The vast majority of applications for unfair dismissals are discontinued. Generally, this means that employers and employees have reached agreement so that a formal decision or order of the Fair Work Commission is not required. Where negotiation does not result in...

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Not Only the Hair Was Short but the Pay Was Too

Not Only the Hair Was Short but the Pay Was Too

A chain of Melbourne based hairdressing salons has been obliged to enter into an enforceable undertaking with the Fair Work Ombudsman to avoid prosecution after the agency uncovered widespread underpayment of employees. In mid-2016 two former employees approached the...

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But Do I Have to (Make Redundancy Payments)?

But Do I Have to (Make Redundancy Payments)?

Sing It With Me, Bob Dylan: the Times They Are a Changin’. For one reason or another, your business is undergoing significant operational changes and you need to make some of your workforce redundant. So, who do you make redundant, how do you do it properly and, most...

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Reflections on the Diverse and Inclusive Workplace

Reflections on the Diverse and Inclusive Workplace

The former Sex Discrimination Commissioner Ms Elizabeth Broderick recently commented on diversity and inclusion in the workplace at a conference held by the Australian Human Resources Institute. Here are some of the things she emphasised: If employees are to embrace...

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    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000