Sally McManus threw down the gauntlet to ‘big business’ last week on behalf of the ACTU at the National Press Club. Ms McManus set out a number of proposals about industrial relations, following through on the ACTU’s various television and social media promises that they would #changetherules. Issues such as a crack down on the gig…
Fighting employee lost the fight to win back job
Published 11 March 2018 In a recent case, Weir v Bechtel Construction (Australia) Pty Ltd, the Fair Work Commission found an employer did not unfairly dismiss an employee by terminating his employment after he was involved in a fight. Bechtel Construction (Australia) Pty Ltd (Bechtel) had villages available for employees to live in during their…
“Extremely foolish” training method a valid reason for dismissal
Published 11 March 2018 In a recent case, Blyth v JBS Australia Pty Ltd, the Fair Work Commission found an employee of 13 years dismissed for not acting in compliance with training and company policies was not unfairly dismissed. Mr Blyth was employed by JBS Australia Pty Ltd (JBS) as a bandsaw operator, trainer and…
Employee made to feel “worthless” was not bullied despite “insensitive” comments
Published 8 February 2018 In a recent case, John Krnjic [2017] FWC 3688, the Fair Work Commission (FWC) found that a Team Leader did not bully a Team Member despite her comments being “insensitive”. Mr Krnjic commenced employment with Bunnings in 2009. In April 2016, a new Team Leader was appointed to his division. On…
The Sydney Rail Strike – why the Fair Work Commission had no choice.
As an industrial lawyer, it was probably a mistake logging onto social media on Thursday, in the aftermath of the Fair Work Commission’s order in relation to the RTBU strike proposed on the Sydney rail network. Social media in the modern political era is rarely a place for nuanced, informed or intelligent discussion. Rather, it…
Growing support for a workplace response to domestic violence
Violence against women is now recognised as a serious and widespread problem in Australia. Whilst awareness has increased of domestic violence as a community issue, there is still much to be done to support victims. 2017 saw an increase in support for a workplace response to family violence, through the inclusion of family and domestic…