Archive for the 'Employment Law' Category

14 May 2019

Workplace bullying – Has management taken reasonable action?

The Fair Work Commission defines workplace bullying as an event where “a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work” and “the behaviour creates a risk to health and safety”. Some behaviours which constitute an act of bullying may include any of the following, […]

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10 August 2017

Casuals converting to permanent employment – can it be done?

The Fair Work Commission reviews modern awards every 4 years to make sure the awards continue to provide a fair and minimum safety net to employees. In the most recent review, the Fair Work Commission decided that all awards should provide a right for casual employees to convert to part-time or full-time permanent employment in […]

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23 May 2016

Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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21 March 2016

Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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17 December 2015

Keeping in touch with an employee on parental leave

All employees in Australia are entitled to parental leave provided that they have worked for their employer for at least 12 months. For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months; and have a […]

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8 October 2015

Does leave accrue while an employee is absent from work and receiving workers’ compensation?

When an employee is absent from work and receiving compensation due to a work-related injury, there can often be confusion as to whether an employee’s leave has accrued over that period of time. While it may seem obvious that while an employee is absent from work, he or she cannot accrue any time towards annual […]

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1 September 2015

Potential Changes to Paid Parental Leave

The Fairer Paid Parental Leave Bill 2015 (“the Bill”) proposes critical changes to the current Paid Parental Leave Scheme. These changes could have a significant impact on both employers and employees who utilise the current scheme. What is the current scheme? The current Paid Parental Leave Scheme offers employees who take leave for parental duties, […]

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1 July 2015

Can social media affect a person’s employment?

Just recently Scott McIntyre, a football reporter for public broadcaster SBS, had his employment terminated for inappropriate use of his Twitter social media account. McIntyre had posted controversial messages known as “tweets” to his 31,000 followers regarding the integrity of the Anzac soldiers who were being commemorated on Anzac Day. SBS dismissed McIntyre the next […]

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25 March 2015

Can a bullying claim continue after a worker has been sacked?

In a recent case, the Fair Work Commission decided that although sacked workers’ anti-bullying claims are likely to fail, it may be appropriate to hold such claims “in abeyance” if the worker is “actively” contesting their dismissal. As with all anti-bullying claims, the details of the case including the names of the employer, alleged bully […]

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10 November 2014

Resignation or unfair dismissal?

Almost every employer can speak about the experience of employing a person whose ultimate resignation came as a relief. Relief at not having to go through the ugly process of terminating someone’s employment and possibly having to defend an unfair dismissal claim. But not every resignation is a successful bar to an unfair dismissal claim. […]

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