Published 17 March 2021 Shane Harman v Joe Harkin as trustee for the Civil Labour (NSW) Trust [2021] FWC 1220 Mr Shane Harman (the Applicant) had been employed as an operator/truck driver for 18 months by Joe Harkin as trustee for the Civil Labour (NSW) Trust (the Respondent) before his employment was terminated. The Applicant…
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.
Podcast | IR Omnibus Bill
Published 15 March 2021 In this episode of our podcast we discuss the issues with the industrial relations legislation currently before the Senate, the IR Omnibus Bill, with a focus on the changes to casual employment. Listen to the podcast below, or by clicking the links to subscribe on your preferred streaming service. Spotify: https://spoti.fi/2YiRq5K…
Termination of Employment: A Lawful and Ethical Approach
Published 12 March 2021 One of the most difficult aspects of workplace management is the termination of employment. This is an inevitable part of any employer’s business. However, a dismissal does not have to be affected in an adversarial or combative manner, and often, having a respectful conversation which allows the employee to preserve their…
Travel expenses almost cost an employee $379,268.10
Published 8 March 2021 Sherry v Toyota Motor Corporation Australia Limited [2020] NSWDC 827 (23 December 2020) Gregory Sherry sued his former employer Toyota Motor Corporation Australia Limited (TMCA) for damages for the repudiation of his employment contract, after they terminated his employment, alleging that he had engaged in serious misconduct. Facts Mr Sherry began…
Employee who left work to obtain a medical certificate for an injury dismissed for ‘abandonment’
Published 5 March 2021 Mr Fe Ben Acal v JBS Australia Pty Limited [2020] FWC 5554 Mr Fe Ben Acal (the Applicant) was employed at the Rockhampton Plant as a maintenance fitter until he was dismissed for serious misconduct on 2 October 2019. JBS Australia Pty Limited (the Respondent) claimed that the Applicant had abandoned…
Are costs recoverable in the Fair Work Commission?
Published 26 February 2021 Claudia Montero v Club Holdings Pty Ltd T/A Horizons West Bus & Coach Lines [2021] FWC 733 (17 February 2021) An employer made an application to the Fair Work Commission to recover costs under section 611 of the Fair Work Act 2009 (FW Act) from an employee who discontinued their unfair…