The recent Fair Work Commission (the Commission) decision in Lamacq v Smerff Electrical demonstrates a classic case of what an employer should not do when terminating an employee. Business Owner, Mr Hickey, alleged his employee, Lamacq, used his business vehicle and fuel card for personal use and engaged in unauthorised ‘cash jobs’ that diverted business…
Criminal offences outside of work: Can an employee be suspended?
Can an employer indefinitely suspend an employee who has been charged with a serious criminal offence for conduct that occurred outside of work? That is the question facing the St George Illawarra Dragons at the moment with widespread calls for Dragons player Jack de Belin to be suspended indefinitely until the serious sexual assault charges…
Timely Reminders from the Fair Work Commission: The Five categories of employees with access to ‘flexibilty’
In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements. The Employee, Detective Senior Constable Gary Emery, was 58-years-old, and nearing retirement. His request was to have additional rest days, as he moved…
Foodora Update
Late last year the Fair Work Commission made the landmark decision of Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 that found the Foodora driver was an employee, rather than an independent contractor. The decision and its implications were considered in our former article from December last year. The decision has sparked further developments…
Demystifying sexual harassment at work – #MeToo and the law
The law relating to sexual harassment in Australia has been in place for over 30 years and should provide robust protection for workers. Despite this, sexual harassment remains a significant problem in Australian workplaces. One in three people (33%) have experienced sexual harassment at work in the last five years. The reporting of sexual harassment…
Disrupting the disrupters: what are the consequences of the Foodora ruling for the gig economy?
Last month, the Fair Work Commission handed down a much-anticipated decision in Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 (Klooger). Josh Klooger, a Foodora rider, had made an application to the Commission claiming he was unfairly dismissed. Foodora objected to this as they contended he was an independent contractor and therefore not entitled…