We tend to think that the main differences between New South Wales and Victoria concern the trams, ‘hook turns’, and AFL. When it comes to the business, economics, law, and our fundamental rights, there is a general understanding that the law that governs one Australian should be the law the governs all. But this is not always…
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 slippery slope of informal workplace complaints
Published 14 November 2016 Given the very nature of informal workplace complaints (the fact that they are usually verbal, aren’t made in accordance with a formal workplace policy and are often made by reluctant complainants), it can sometimes be difficult for managers to find the right balance in dealing with them. I have seen on…
Fair Work Commission Annual Report 2015-16
Published 24 October 2016 The Fair Work Commission (FWC) has released its annual report for the period 1 July 2015 to 30 June 2016. The FWC is required to produce the reports to the Minister for Employment, Michaelia Cash, for review. 4 yearly modern award review In accordance with the Fair Work Act 2009 (Cth),…
Dismissal of an employee who harassed a colleague outside the workplace upheld
Published 19 October 2016 The Fair Work Commission found the conduct of an employee constituted bullying and was a valid reason for dismissal despite occurring outside the workplace, as there was ‘a relevant connection to the employment relationship’. X was an employee of Mount Thorley Operations who had been repeatedly bullied by two other employees,…
Worker, found to be a volunteer despite $6,000 payment, unable to pursue unfair dismissal remedy
Published 18 October 2016 The Fair Work Commission dismissed an application for an unfair dismissal remedy, finding the “essential character” of the relationship more similarly resembled that of a volunteer rather than an employee. Grinholz commenced a relationship with Football Federation Victoria Inc (Football Federation) in 2015 as the assistant coach of the Under 13…
Company to pay $100,000 in penalties after misclassifying a “vulnerable” employee as an independent contractor
Published 17 October 2016 The Federal Circuit Court of Australia ordered a company to pay $100,000 in pecuniary penalties and the sole director to pay $24,000, after a British visa-holder was misclassified as an independent contractor and underpaid over $7,800 in wages. Beckitt was a British national who arrived in Australia in February 2013 and…