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Termination of Employees subject to Domestic Violence

By Daniel Van Leuverden / October 27, 2015 /

By Adam Foster An employer was recently ordered to pay compensation under unfair dismissal laws after it terminated an employee who was subject to domestic violence by her partner, who was also a co-worker in the workplace. The Fair Work Commission found, amongst other things, that the employer had failed to adequately explore workplace options…

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New Fair Work Information Statement

By Daniel Van Leuverden / October 27, 2015 /

By Adam Foster On 1 July 2015 the Fair Work Ombudsman released an updated Fair Work Information Statement. The Fair Work Information Statement provides information on basic employment rights, such as the National Employment Standards. The Fair Work Information Statement, under the Fair Work Act, must be provided to all employees as soon as possible…

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Employees Entitlements: It Pays to Know the Act

By Lewis Holdway / September 21, 2015 /

By Adam Foster Further to our lead article for this edition of Directions on good governance in the Not-for-profit sector; the recent 7-Eleven scandal is an example of how damaging employee-entitlement errors can be for an employer. Thus making now a good time for employer organisations to take stock and ensure your organisation has covered…

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Bungling a discretionary bonus

By Lewis Holdway / August 11, 2015 /

A recent Federal Circuit Court decision provides a timely reminder that if employers intend to withhold discretionary employee bonuses, they should be sure the decision to withhold the bonus is not capricious. In the case of Russo v Westpac Banking Corporation [2015] FCCA 1086, an employee of a large banking corporation had an employment contract…

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Change to Annual Leave Payments Upon Termination

By Lewis Holdway / March 17, 2015 /

The recent decision of Centennial Northern Mining Services Pty Ltd -v- CFMEU & Fair Work Commission in the Federal Court has considered the issue of whether annual leave loading is payable on termination where there is accrued but as yet untaken annual leave. Prior to this decision, it was well understood that annual leave loading…

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Privacy please!

By Lewis Holdway / March 16, 2015 /

Recently I was assisting a client with an employment law matter, and it was alleged that as an employee he had breached the Privacy Act 1988 (Cth). It is important for employers to remember that employees do not breach the Privacy Act, but rather it is employers who breach the Privacy Act because it is…

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Bullying: We can work it out

By Daniel Van Leuverden / March 11, 2015 /

The Fair Work bullying regime has now been in place for two years. On its second anniversary, the Fair Work Commission has given us an insight into what parameters it is prepared to put around the concept of bullying “at work.” It does sound strange that the Commission would need to consider this, but as…

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New Year – New Entitlements?

By Lewis Holdway / January 28, 2015 /

As the New Year starts, it is timely reminder to review your Employment Agreements. In recently reviewing an Employment Agreement for a client I was reminded that it is important to always ensure that where casual employees are involved, there is clarity with respect to what their entitlements are in terms of leave, loading and…

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Worksafe Alert

By Lewis Holdway / December 22, 2014 /

Some of you may be aware that Worksafe conducts psychosocial hazard management projects. This is often a physical investigation of a workplace by a Worksafe Investigator. The WorkSafe Investigator will inspect any health and safety documentation, incident reporting documentation, policies surrounding any discrimination and bullying. As a result of their investigations, they can make recommendations…

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An Accessory that you do not want for Christmas

By Lewis Holdway / December 5, 2014 /

As the end of the calendar year beckons and Christmas approaches it is helpful to stop and re-assess. For some businesses this may be a realistic assessment of the New Year and making projections on what 2015 may bring. For others, it may be reducing or increasing staffing ratios. This may include engaging independent contractors…

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