Articles
Investigations in the workplace
Following on from my blog about the complaints of sexual harassment (read about it here), I'm often asked the question, I've got the complaint or grievance or allegations. What do I do now?!?! Managing these issues lends...
Enterprise agreements and a latin refresher – exempli gratia, id est.
We are again reminded that attention to detail is key when it comes to enterprise agreement drafting and interpretation. Enterprise agreements (EAs) set out the minimum employment conditions that apply to a business or a group of businesses. EAs cover a...
CHANGES TO MODERN AWARDS FROM 1 NOVEMBER 2018!
89 of 122 modern awards were varied effective 1 November 2018 to include a requirement that an employer must pay an employee’s final pay no later than seven days after the day the employment ends. The new clause is set out below: Clause X Payment on termination of...
A case of too much Christmas beer and cheer(s)
While we know the majority of organisations have fun end of year events that go off without a hitch, the case of Sione Vai v ALDI Stores (A Limited Partnership) [2018] FWC 4118 reminds us of what needs to be done before and when it goes...
Does #MeToo NOW Mean Time’s Up for Sexual Harassment in the Workplace?
Despite its humble beginnings, the #MeToo movement as we all know became an international calling card against sexual violence and harassment in the workplace. This was primarily due to what can only be described as a flood of complaints against Harvey Weinstein. The...
Have you checked whether your key managers are covered by a modern award?
First decision of the year! Thomas v Hanseatic Marine Engineer Pty Ltd t/as SilverYachts [2019] FWC 1 reminds employers that it isn't about how much you pay your managers to take them outside the coverage of a modern award or unfair dismissal...
Disability Discrimination and Reasonable Adjustments
Recently we have had a number of queries around managing current employees who are managing long term illnesses or injuries, or employees looking to return to work after having extended periods of leave due to illness or injury. We quickly remind...
Can an employer’s well-meaning decision offend the law?
The kitten has nothing to do with this topic. It is cute though. It is essential that when making decisions that affect employees, employers take into account provisions of the Fair Work Act 2009 (Cth) (“the Act”). Employers need to be aware that some...
Anti-Bullying Jurisdiction of the FWC – Roaring Lion or Toothless Tiger?
In 2014, the Australia Government responded to a report: Workplace Bullying “We just want it to stop”[1] by amending the Fair Work Act 2009 (Cth) (“FW Act”) and establishing an anti-bullying jurisdiction under the auspices of the Fair Work Commission (“FWC”). This...
A Trickier Annual Leave Question!
Does annual leave accrue when employees are “locked out of the workplace” during a period of employer response action? You’ve no doubt seen our Annual Leave series ( Part 1 and Part 2), and now we bring you a more discreet issue concerning annual leave accruals. This...
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