December has been a busy month for Industrial Relations Minister Kelly O’Dwyer. In addition to recent legislative changes to the Fair Work Act 2009 (Cth), it was announced on Monday that the Coalition government would be using a new regulation to try and prevent “double-dipping” on loadings and entitlements by long-term casual employees. The proposed…
Employment Law Update: December 2018
Whilst all the talk so far in December regarding politics has been about getting sick asylum seekers off Nauru, national cyber security, the government potentially losing a vote in the House of Representatives for the first time since 1929 and the never-ending in-fighting amongst the Liberal Party, you would be forgiven for missing some rather…
Hidden disabilities in the workforce and inadvertent discrimination
A recent case before the Victorian Supreme Court of Appeal, Ferris v State of Victoria [2018] VSCA 240, serves as a reminder for employers that they can be found guilty of unlawful discrimination even if they were unaware of their employee’s disability, or the discriminatory effect of its requirements on individual employees.
What to make of the “Change The Rules” campaign
Last Tuesday, October 23, 2018, union rallies were held in Melbourne and Sydney in support of the Australian Council of Trade Union’s (‘ACTU’) “change the rules” campaign. The protests followed a series of national TV and radio advertisements launched in early October. The “change the rules” campaign is seeking to “re-balance the system and negotiate…
Can the Giants dismiss Shane Mumford for his out-of-hours conduct?
In the latest instalment of “professional sports stars behaving badly”, a video has surfaced of ex-GWS Giants and Sydney Swans player Shane Mumford snorting a line of powder. The incident allegedly occurred in 2015 when Mumford was still a player for the Giants, the club at which he currently works as an assistant coach. The…
Employer had a valid reason to dismiss a flight attendant who called in sick due to intoxication
Published 14 October 2018 In a recent case, Luke Urso v QF Cabin Crew Australia Pty Limited T/A QCCA [2018] FWC 4436, the Fair Work Commission found the dismissal of a flight attendant because he was highly intoxicated during a layover was not unfair. Mr Urso was employed as a flight attendant with QF Cabin…