Published 13 December 2016 Proactive businesses will have now turned their focus to planning for 2017 and looking for ways to improve on this year’s performance. However, what many businesses fail to turn their minds to is reviewing the performance of their employees, whether it be because it is an uncomfortable and sometimes awkward process…
Category: Recent Cases
Court found an ‘all-inclusive rate’ of pay may include award entitlements if clearly expressed
Published 5 December 2016 The employment contract of a former employee did not prevent her from claiming payments for additional hours worked because the contract failed to clearly express which entitlements were included in her annual salary. Ms Stewart was employed by Next Residential Pty Ltd (Next Residential) as an administration coordinator with an annual…
Post employment restraints either side of the Murray – murky territory for employers and employees
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…
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,…