Published 23 January 2018 Whilst many employers might feel justified in using a criminal record as a reason not to hire someone or in terminating an employee, the law does not always necessarily agree. Criminal records of prospective, or current, employees can be a challenge for employers to deal with. However, with careful consideration of…
The law on unpaid work experience: Is the benefit worth the “cost”?
The prevalence of unpaid work experience in Australia is staggering, especially in regards to young adults. A study published by the Commonwealth Department of Employment found 58% of people between the ages of 18 and 29 had completed a period of unpaid work experience. 61% engaged in work experience lasting less than a month, while…
Professional sports contracts: Are they worth the paper they are written on?
As a matter of principle, professional sports contracts, whether it be in the NRL, AFL, A-League or Suncorp Super Netball, are more or less the same as other employment contracts. The athlete is the employee and the club that they play for is the employer. Both types of contracts set out the terms and conditions…
CFMEU liable for official’s improper conduct and coercion at Gorgon project
Published 29 November 2017 In a recent case, Australian Building and Construction Commissioner v Upton (The Gorgon Project Case) [2017] FCA 847, the Federal Court has found a CFMEU official, Bradley Upton, engaged in adverse action and coercion when he threatened to write non-union members names on the back of bathroom doors “to let everyone…
10 weeks of unpaid work did not constitute an employment relationship
Published 22 November 2017 In a recent case, Klievens v Cappello Row Lawyers , the Fair Work Commission found Practical Legal Training was not employment and was instead a vocational placement. Mr Klievens was a law graduate required to undertake Practical Legal Training (PLT) to be qualified as a solicitor. He met with Ms Cappello,…
Employee who breached safety procedures unfairly dismissed
Published 1 November 2017 In a recent case, Johnson v BHP Billiton Olympic Dam Corporation Pty [2017] FWC 4097, the Fair Work Commission found an employee’s dismissal was harsh despite misconduct. However, this did not justify reinstatement. Mr Johnson commenced employment with BHP Billiton Olympic Dam Corporation Pty (BHPB) in 2001 and was promoted to…