Published 4 July 2017 In a recent case, Etienne v FMG Personnel Services Pty Ltd [2017] FWC 1637, the Fair Work Commission found an employee who underwent informal performance management was not unfairly dismissed. Mr Etienne was employed by FMG Personnel Services Pty Ltd (FMG) as an Inventory Controller. In September 2015, Mr Etienne’s supervisors…
Author: Brian Powles
Brian is an accredited specialist in employment and industrial relations law, who is partner of a successful boutique Sydney law firm. He also hosts the Working Knowledge podcast.
The 1 July changes that will impact your business
Published 29 June 2017 The new financial year is just a few days away and whilst this is usually an extremely busy time of the year for most businesses, it’s also prime time for employers to review their employment framework, including the impact of increases to the minimum wage and high-income threshold, changes made to…
Changing the role of a workplace bully was sufficient to protect victims
Published 26 June 2017 In the case of Darren Lacey and Chris Kandelaars v Murrays Australia Pty Limited; Andrew Cullen [2017] FWC 3136, the Fair Work Commission (FWC) refused to make an order to stop bullying. Mr Lacey and Mr Kandelaars were both employed by Murrays as bus drivers. They claimed their manager, Mr Cullen,…
Employee restrained from working for Australian company pursuant to USA employment agreement
Published 28 May 2017 In a recent case, Naiad Dynamics US INC v Vidakovic, the Supreme Court of Western Australia granted an injunction to prevent an employee from working for an Australian employer until the enforceability of a restraint of trade clause which was governed by the law of Connecticut, USA could be determined at…
Cops and Robbers in the ‘Fair Work’ Economy. Are regulatory authorities barking up the wrong tree?
Despite the existence of a national framework of minimum entitlements for employees, there is still a strong distinction between workers’ rights and workers’ reality. This is particularly the case amongst vulnerable employees. While much political attention is devoted to the legislative provision of rights, enforcement of these rights is perhaps more relevant. Two Commonwealth agencies…
“Wilfully blind” accounting firm accessorily liable for underpayments of client
Published 16 May 2017 In a recent case, Fair Work Ombudsman v Blue Impression Pty Ltd & Ors , the Federal Circuit Court found an accounting firm accessorily liable for an employer’s failure to pay Award rates. Ezy Accounting 123 Pty Ltd (Ezy) was an accounting firm employed by a Japanese restaurant (Blue Impression) to…