There are over 200,000 words in the Fair Work Act 2009 (Cth). It is longer than the New Testament. It is a ‘plain English statute’, which means most of the words are ordinary. The word ‘and’ is used 3,099 times, ‘or’ is used 5,030 times, and the word ‘if’ is used 1,478 times. The word…
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.
“Job swaps” found to be a reasonable redeployment option in redundancy case
Published 26 March 2017 Mr Grant Skinner; Mr Mark Pemberton; Mr Joshua Ross; Mr Kadin Hill; Ms Abigail Bryant; Mr Mareck Preston v Asciano Services Pty Ltd T/A Pacific National Bulk The Full Bench of the Fair Work Commission recently found the dismissal of seven employees was not a case of genuine redundancy because the…
Dismissed employee with psychological condition not victim of adverse action because he failed to be contactable during absence
Published 23 March 2017 Laviano v Fair Work Ombudsman [2017] FCCA 197 A recent case in the Federal Circuit Court has found that an employee of the Fair Work Ombudsman who was dismissed and suffering from depression and anxiety was not a victim of adverse action as he was dismissed for failing to communicate with…
Flexible Working: Do you have to bend over backwards?
Published 22 March 2017 For years it has been predicted that the technology revolution would lead to dramatic changes in the way Australians work, with flexibility the catchword. Evolving work practices include remote working, job-sharing, reduced work hours and variable start and finish times. Now, it appears, these changes are well and truly upon us….
Post-Employment Restraints: When ‘playing fair’ is the practical approach to protecting your interests
Published 22 March 2017 Protecting the interests of a business, including confidential proprietary information and customer relationships, is increasingly challenging for business owners. The law offers only limited protection of confidential information and in the modern context, in which information is more vulnerable than it has ever been, it is important to ensure that your employees…
5 key actions you must take during the probationary period and the first 6 months of employment
Published 22 March 2017 When recruiting a new employee, the intention of most employers and managers is that the person will develop into a long-term employee, adding value to the business. However, despite best intentions, this doesn’t always eventuate. If you decide that your new hire isn’t the right person for the job within the…