News

The 4 Yearly Review of Modern Awards continues before the Fair Work Commission (FWC) though there has been little activity of note to commence 2019. After a swathe of amendments – including unpaid family & domestic violence leave and casual conversion – were pushed through in the second half of 2018, the first half of this year has yielded little more than some “plain language” re-drafting of the redundancy clause in a number of modern awards. This is despite FWC President, Justice Iain Ross, indicating over a year ago that he was “reasonably confident” the review process (which commenced in 2014) would be largely completed by the end of 2018 with a “substantial majority” of the new instruments expected to come into force in the first quarter of 2019.

Two recent decisions of the Fair Work Commission (FWC) have reiterated the importance of avoiding termination by any other means than face-to-face, with the sacked workers in both instances being awarded compensation for their dismissals described as “repugnant” and “grossly unfair”.

The Fair Work Commission has awarded a delivery driver over $17,000 in compensation, finding his dismissal for hitting a dead kangaroo whilst allegedly speeding was disproportionate to his conduct and subsequently unfair.

A rail worker whose refusal to board a train left him stranded in Alice Springs and ultimately led to his sacking has had his unfair dismissal claim determined by the Fair Work Commission.

Continue reading “Stranded in Alice – Rail Worker Sacked After Refusing to Board Train”

1. Have you finished making your family?
2. Please detail your medical history.
3. If your children get sick, can someone other than you care for them?
4. Have you ever pursued a previous employer for unfair dismissal or unpaid wages?
5. Shouldn’t you be thinking about retiring?
6. Are you interested in any cash-in-hand work?
7. Have you ever made a WorkCover claim?
8. Would you be willing to sign a waiver confirming that you understand we can’t afford to pay according to the Award?
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