Published 11 March 2018 In a recent case, Blyth v JBS Australia Pty Ltd, the Fair Work Commission found an employee of 13 years dismissed for not acting in compliance with training and company policies was not unfairly dismissed. Mr Blyth was employed by JBS Australia Pty Ltd (JBS) as a bandsaw operator, trainer and…
Author: Brian Powles
Employee made to feel “worthless” was not bullied despite “insensitive” comments
Published 8 February 2018 In a recent case, John Krnjic [2017] FWC 3688, the Fair Work Commission (FWC) found that a Team Leader did not bully a Team Member despite her comments being “insensitive”. Mr Krnjic commenced employment with Bunnings in 2009. In April 2016, a new Team Leader was appointed to his division. On…
The Sydney Rail Strike – why the Fair Work Commission had no choice.
As an industrial lawyer, it was probably a mistake logging onto social media on Thursday, in the aftermath of the Fair Work Commission’s order in relation to the RTBU strike proposed on the Sydney rail network. Social media in the modern political era is rarely a place for nuanced, informed or intelligent discussion. Rather, it…
Criminal records during recruitment and employment: Three key tips for employers
Published 23 January 2018 Whilst many employers might feel justified in using a criminal record as a reason not to hire someone or in terminating an employee, the law does not always necessarily agree. Criminal records of prospective, or current, employees can be a challenge for employers to deal with. However, with careful consideration of…
The law on unpaid work experience: Is the benefit worth the “cost”?
The prevalence of unpaid work experience in Australia is staggering, especially in regards to young adults. A study published by the Commonwealth Department of Employment found 58% of people between the ages of 18 and 29 had completed a period of unpaid work experience. 61% engaged in work experience lasting less than a month, while…
Professional sports contracts: Are they worth the paper they are written on?
As a matter of principle, professional sports contracts, whether it be in the NRL, AFL, A-League or Suncorp Super Netball, are more or less the same as other employment contracts. The athlete is the employee and the club that they play for is the employer. Both types of contracts set out the terms and conditions…