Summary of FWC Annual Report 2018-19
In late-October, the Fair Work Commission (FWC) published its Annual Report for the 2018-19 financial year; the Report was also tabled in Parliament. The ‘performance reporting’ section outlined the following results of interest (in brief summary):
Continue reading “Summary of FWC Annual Report 2018-19”Belated baby bonus for pregnant bottle-o employee sacked over ‘bad look’
After a two year wait, an employee who was sacked by a tavern in far-north Queensland – essentially, because she was pregnant at the time – has been awarded tens of thousands in compensation with the Federal Circuit Court finding there was “no doubt” her dismissal breached the general protections provisions of the Fair Work Act 2009 (the Act).
Continue reading “Belated baby bonus for pregnant bottle-o employee sacked over ‘bad look’”‘Request’ for flexible working arrangements not akin to ‘demand’: FWC
A medical receptionist has failed in her bid to convince the Fair Work Commission (FWC) she was constructively dismissed when her employer was unable to grant her exact request for flexible working arrangements, with Commissioner Jennifer Hunt clarifying that employees are not entitled to “demand” particular working hours/days when raising such a request with their employer.
Continue reading “‘Request’ for flexible working arrangements not akin to ‘demand’: FWC”Preference for ‘Asian staff’ costs Employer $12K
A long-term casual shop assistant has been awarded in excess of $10,000 compensation for her dismissal earlier this year, which the Fair Work Commission (FWC) found to be “disgraceful and grossly unfair” and likely impinged upon anti-discrimination laws which could leave the employer open to “other civil proceedings, for which civil penalties might apply”.
Continue reading “Preference for ‘Asian staff’ costs Employer $12K”Worker Sacked by Chicken Company on “Trumped-Up Charges” Wins Job Back
The Fair Work Commission (FWC) has ordered the reinstatement of a worker sacked by a chicken meat business after finding the allegations against him were “largely exaggerated and artificially constructed”.
Continue reading “Worker Sacked by Chicken Company on “Trumped-Up Charges” Wins Job Back”
Reality Show Contestant Wins Workers Compensation Claim
A contestant on the Channel 7 reality show House Rules has been found to be an employee and entitled to workers’ compensation benefits under the Workers Compensation Act 1987 (NSW).
Continue reading “Reality Show Contestant Wins Workers Compensation Claim”
Worker Who Put Adult Toy in Colleague’s Hand Luggage Unfairly Dismissed
The Fair Work Commission (FWC) has ordered compensation be paid to a mine worker sacked for misconduct.
Continue reading “Worker Who Put Adult Toy in Colleague’s Hand Luggage Unfairly Dismissed”
Morrison Government Seeks to Appeal Personal Leave Decision
The Morrison Government has announced that it will seek leave in the High Court to appeal the Full Federal Court decision in Mondelez v AMWU & Ors, which dealt with how personal/carer’s leave should be calculated under the Fair Work Act.
UPDATE: On 13 December 2019, the High Court granted both the Morrison Government & the employer, Mondelez Australia Pty Ltd, special leave to appeal the Federal Court decision.
Continue reading “Morrison Government Seeks to Appeal Personal Leave Decision”
Downfall for employee – Hitler parody a valid reason for dismissal
A famous scene from the film ‘Downfall’ has been the subject of an unfair dismissal application before the Fair Work Commission (FWC).
Continue reading “Downfall for employee – Hitler parody a valid reason for dismissal”
Entitlement to Personal Leave – Full Court rules on Test Case
UPDATE: On 13 December 2019, the High Court granted both the Morrison Government & the employer, Mondelez Australia Pty Ltd, special leave to appeal the Federal Court decision. The appeal was subsequently heard before the High Court early in July 2020 and on 13 August 2020, a majority High Court set aside the Federal Court’s decision. Get up to speed on the most recent developments in our related article here.
On 21 August 2019, a Full Federal Court issued a long-awaited decision of enormous significance within the industrial relations landscape, ruling that the annual entitlement to “10 days of paid personal/carer’s leave” contained within the Fair Work Act 2009 (Cth) is to be interpreted as 10 “working days” for all permanent employees. This entitlement to 10 “working days” per year also extends to part-timers, regardless of the number of hours or days they work per week.
Continue reading “Entitlement to Personal Leave – Full Court rules on Test Case”OUR SERVICES
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