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…
Category: Recent Cases
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….
Managers fined for illegally deducting “administrative fees” and “meal fees” in excess of $100,000 from employees’ wages
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…
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…