This particular case involved an employee who was required to have an extended unpaid absence from her employment as a cleaner following complicated surgery to her ankle. About four months after the surgery, a representative of the employer had a discussion with the Applicant about her medical condition and her prospects of a return to […]
A real estate agency in Victoria will wait until a further hearing in October to find out Judge Riley’s decision as to compensation, after it unsuccessfully defended proceedings in the Federal Circuit Court brought by a former administrative assistant (‘Applicant’). The Applicant alleged that she had been terminated by the real estate agency due to […]
The Full Bench of the Fair Work Commission has released its decision on the transitional arrangements that are to apply to the phasing in of the new penalty rates arising from its decision on 23 February 2017. Affected employers will recall that in that February decision, the Full Bench determined to impose the following changes […]
The Fair Work Commission has ordered near maximum compensation of close to $30,000 to the former director of an early childhood centre. This followed a finding that the employer had effectively created a reason for the centre director’s termination after terminating her employment. Disturbing factual background to the dismissal The employer operated a number of […]
In a decision delivered on 28 April 2017, Judge O’Sullivan of the Federal Circuit Court of Australia found that an accountancy firm was accessorily liable for its client’s underpayment of employee wages. In this case, the first respondent was a Japanese fast food restaurant (‘first respondent’). The first respondent engaged the accountancy firm (‘the firm’) […]
The Federal Circuit Court has given some very clear guidance to employers around the steps they must take to determine appropriate award coverage for a particular business or position. This guidance comes from a very interesting case, where a religious organisation formally contested a compliance notice delivered to it by the Fair Work Ombudsman. This […]
The FWO has had its first compliance notice judicially challenged, in a recent case in the Federal Circuit Court. The FWO’s compliance notice required a religious body to back pay an employee nearly $78,000 after the FWO determined that the employee was a cook as opposed to an assistant priest, and as such covered by […]
The Victorian Supreme Court has awarded more than $600,000 in damages to an employee whose pre-existing mental health issues caused her to have a breakdown, after her managers failed to properly consider her condition when handling a conflict between the employee and her supervisor. Facts In this case, the employee (a youth justice worker) claimed […]
The Fair Work Commission has upheld the objection of a state football federation, after one of its junior coaches decided to make an unfair dismissal claim last year. The coach was the head coach of an under-13 girls football side. He was required to attend training sessions a number of times a week, as well […]
After a review spanning some 2 years, 39 days of hearing and 5,900 submissions by all stakeholders, the Full Bench of the Fair Work Commission has delivered a decision that sees a reduction in Sunday penalty rates in 4 awards and a reduction in public holiday penalty rates in 5 awards. Sunday Penalty Rates The […]