Published 20 May 2018 What is considered inappropriate touching in the workplace and what kind of conduct can justify a dismissal is often a difficult road to navigate. In the recent case of George Talevsi v Chalmers Industries Pty Ltd, continuously touching the shoulders and hair of a co-worker was enough to justify dismissal. Further, […]
There has always been a distinction between an employment relationship at common law, defined by the terms of the contract of employment, and the employment relationship as defined by the relevant Australian industrial instruments. They co-exist, and at times are synonymous, but not always. The ‘gap’ between the contractual employment relationship, and the instrumental employment […]
A “fair go all around” has long been an underlying principle in the Australian industrial relations system. However, under many modern awards, employees aged between 15 and 20 years receive only a portion of the full adult wage despite often undertaking the same work as an adult. For those junior workers who do not fall […]
Earlier this month, high profile rugby star Israel Folau posted some highly offensive comments on Instagram stating that gay people were headed to “HELL… Unless they repent of their sins and turn to God”. It’s brought up the traditional questions about the right to free speech, vs. the rights of inclusion, as well as our […]
Published 16 April 2018 In a recent case, Lacson v Australian Postal Corporation, the Federal Circuit Court of Australia found the overtime, rest relief and meal allowance entitlements of an employee hired by the same employer for multiple positions were not to be calculated cumulatively, but rather separately for each position. The employee, Mr Lacson, […]
Published 8 April 2018 In a recent case, Khayam v Navitas English Pty Ltd t/a Navitas English, the Fair Work Commission Full Bench found the Commissioner at first instance did not consider all relevant circumstances and the appeal was upheld. Mr Khayam was employed by Navitas in 2005 as a casual employee. In April 2012, […]