Published 27 June 2016 An appeal to gain access to documents was denied after the Fair Work Commission ruled the documents were protected by legal professional privilege and this privilege had not been waived. Mr Kirkman made an appeal against the Commissioner’s decision to deny him access to several documents regarding a workplace investigation report,…
Adverse action claim: Perez v Northern Territory Department of Correctional Services [2016] FCA 476
Published 27 June 2016 The Federal Court of Australia set aside an order made by the Federal Circuit Court after finding a recommendation to not continue the employment of a Prison Officer in Training constituted adverse action. Perez accepted a temporary position as a prison officer in training on a fixed-term contract. Perez claimed he…
Natural justice and procedural fairness: Sharp v National Rugby League Ltd [2016] NSWSC 730
Published 27 June 2016 The Supreme Court of New South Wales found that procedural fairness and natural justice did not make a suspension invalid because the suspended parties had agreed to rules that excluded these duties. Sharp, Issa, Serrao, Boulous and Anderson (the plaintiffs) were registered with the National Rugby League (NRL) as “Club Officials”…
Partnership dispute: Wang v Rong [2015] NSWSC 1419
Published 27 June 2016 The Supreme Court of New South Wales ruled that partners to a franchise coffee shop were not required to spend the same amount of time working in the business because of the method and terms used to distribute the profits. Wang, Zhang and Rong entered into a partnership and opened a…
Changes to employment law and HR practices effective 1 July 2016
Published 27 June 2016 With the new financial year fast approaching, businesses and human resource managers must now turn their minds to workplace planning and employee entitlements, having regard to new changes that will come into effect on 1 July 2016. National minimum wage As is required every year, the Fair Work Commission has reviewed…
General Protections: Fair Work Ombudsman v AIMG BQ Pty Ltd and Anor [2016] FCCA 1024
Published 26 June 2016 AIMG BQ Pty Ltd was ordered to pay $272,850 in pecuniary penalties and the director of the company was ordered to pay $8,160 in pecuniary penalties by the Federal Circuit Court of Australia for denying two employees minimum entitlements. AIMG BQ Pty Ltd (AIMG) contravened 20 separate provisions in the Fair…