Published 22 March 2017 FWO v Oz Staff Career Services Pty Ltd & Ors (No.2) [2016] FCCA 2594 A recent case in the Federal Circuit Court of Australia has found that managers may face serious penalties if they deliberately exploit their employees and provide false and misleading records to Fair Work Ombudsman inspectors. In the…
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.
Employee sacked for failing to meet inherent requirements despite bullying claim
Published 21 March 2017 Sao Duarte v The Paraplegic & Quadriplegic Association of NSW The Fair Work Commission has recently upheld the decision of an employer to terminate an employee who was unable to meet the inherent requirements of her position, but criticised the employer’s HR manager for failing to adequately investigate her bullying claim….
Employer allowed to deduct from employee’s annual leave for time taken off work on public holidays
Published 19 March 2017 Construction, Forestry, Mining and Energy Union v Glendell Mining Pty Limited [2017] FCAFC 35 A recent case in the Federal Court has found an employer may deduct annual leave from an employee’s accrued annual leave balance where the employee takes leave on a public holiday and they are covered by an…
When are advisors held accountable for underpayment of wages by clients?
Published 14 March 2017 The role of accountants and bookkeepers has been in particular focus following this month’s Court decision holding an accounting practice responsible for underpayments by a client for whom it was providing payroll services. The decision follows a series of prosecutions and decisions in which principal contractors, franchisers, and human resources professionals…
How businesses should brace for the ‘Australia Day Sickie’
Published 14 February 2017 Many workers, who would otherwise normally use personal leave honestly, find the lure of a four-day weekend irresistible, and put their normal ethical standards regarding personal leave to one side. In businesses that offer essential services, or customer service, this cost is a directly economic one from disruption to productivity,…
Borderline personality-disorder and lack of understanding regarding tribunal processes were found to be reasonable explanations for delay
Published 23 January 2017 Chalker v Murrays Australia Pty Ltd [2016] NSWCATAD 282 A prospective employer has failed to prevent a prospective employee from advancing a discrimination complaint after the Tribunal found the case was reasonably arguable and the applicant had a reasonable explanation for the delay as he suffered from borderline personality disorder and…