Published 24 October 2016 The Fair Work Commission (FWC) has released its annual report for the period 1 July 2015 to 30 June 2016. The FWC is required to produce the reports to the Minister for Employment, Michaelia Cash, for review. 4 yearly modern award review In accordance with the Fair Work Act 2009 (Cth), […]

Published 19 October 2016 The Fair Work Commission found the conduct of an employee constituted bullying and was a valid reason for dismissal despite occurring outside the workplace, as there was ‘a relevant connection to the employment relationship’. X was an employee of Mount Thorley Operations who had been repeatedly bullied by two other employees, […]

Published 18 October 2016 The Fair Work Commission dismissed an application for an unfair dismissal remedy, finding the “essential character” of the relationship more similarly resembled that of a volunteer rather than an employee. Grinholz commenced a relationship with Football Federation Victoria Inc (Football Federation) in 2015 as the assistant coach of the Under 13 […]

Published 17 October 2016 The Federal Circuit Court of Australia ordered a company to pay $100,000 in pecuniary penalties and the sole director to pay $24,000, after a British visa-holder was misclassified as an independent contractor and underpaid over $7,800 in wages. Beckitt was a British national who arrived in Australia in February 2013 and […]

Published 16 October 2016 The Supreme Court of Victoria found an employee who was suspended for failing to honour his agreement to purchase the business was entitled to the equivalent of seven months’ salary, despite breaching his fiduciary duties, because his employer failed to formally terminate his employment. A significant issue in the case was […]