Is the customer always right? Understanding customer misbehaviour and violence in the workplace

Written by Sooraj Sidhu, Workplace Advisor and Lindsay Carroll, Legal Practice Director, NRA Legal. Customer misbehaviour, aggression and violence continues...

Written by Sooraj Sidhu, Workplace Advisor and Lindsay Carroll, Legal Practice Director, NRA Legal. Customer misbehaviour, aggression and violence continues to be a challenge for employers and employees in the retail and fast food industries. Last year, the Shop Distributive and Allied Employees Association (SDA) shed light on this burgeoning issue,...

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Domestic violence victim treated fairly despite sacking

Written by Sooraj Sidhu and Lindsay Carroll A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s...

Written by Sooraj Sidhu and Lindsay Carroll A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s explanation that her deteriorating behaviour and performance was due to difficulties she was encountering in her personal life. In commending the employer for taking “extraordinary lengths” to support the employee, the...

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The long road to compliance in 2019

By Calum Woods and Lindsay Carroll, NRA Legal They say that smooth seas don’t make skilled sailors. Looking ahead to...

By Calum Woods and Lindsay Carroll, NRA Legal They say that smooth seas don’t make skilled sailors. Looking ahead to known and predicted changes in the workplace relations space in 2019, HR and People Management professionals can look forward to another eventful year. While the system can be complex, achieving and...

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Top Five Tips to Get Your Lease in Shape this year

For retailers, January is a great time to assess where things are at after the crazy Christmas and New...

For retailers, January is a great time to assess where things are at after the crazy Christmas and New Year sales period and do some planning for the year ahead. Here’s our list of the top five things you need to do to make sure your retail lease is...

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Court fires warning shots at non-compliant employers

By Alex Millman and Lindsay Carroll, NRA Legal For a long time now – since the Fair Work Ombudsman first...

By Alex Millman and Lindsay Carroll, NRA Legal For a long time now – since the Fair Work Ombudsman first started prosecuting employers under the Fair Work Act 2009 (Cth) – it has generally been understood that accidental or inadvertent non-compliance with employment laws will be punished much less severely...

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Judge not: Commission confirms criminal history is no silver bullet for employers

By Calum Woods and Lindsay Carroll, NRA Legal For many retail businesses, criminal history checks make a lot of sense....

By Calum Woods and Lindsay Carroll, NRA Legal For many retail businesses, criminal history checks make a lot of sense. With responsibilities such as handling cash, dealing with members of the public, and working with young people, retailers are required to place a significant amount of trust and confidence in...

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Mismanagement, misconduct, and misconception – five myths of dismissing employees

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute...

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute between employers and employees. This is hardly surprising, given that dismissal is the most significant action an employer can take with respect to an employee (except, perhaps, hiring them in...

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Elementary, my dear Commissioner: Foodora dismissal case changes nothing

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its...

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its decision in an unfair dismissal claim against food delivery app service Foodora. The case, brought by former Melbourne Foodora rider Mr Josh Klooger with the assistance of the Transport Workers’ Union,...

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A timely reminder about “block out” periods

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave...

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave requests during the busy season (or you’re thinking about implementing one), there are some important things you need to know. The Fair Work Act 2009 requires that in most cases, annual...

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Social media in the workplace: where do we draw the line?

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal With 60% of the Australian population actively using Facebook, there...

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal With 60% of the Australian population actively using Facebook, there is no doubt that social media has changed the way we go about our every day. In the context of managing employees, social media has blurred the lines between public and...

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Important changes to termination provisions in modern awards

Earlier this year, the Fair Work Commission determined that it was necessary to vary 86 modern awards that were...

Earlier this year, the Fair Work Commission determined that it was necessary to vary 86 modern awards that were silent on the time period within which termination payments are to be made. Payment must be made within 7 days The changes provide that employers must pay an employee’s wages and all...

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Over and above – attracting and retaining quality employees

By Calum Woods and Lindsay Carroll, NRA Legal Last week, Westpac’s workforce voted overwhelmingly in favour of a ground-breaking new...

By Calum Woods and Lindsay Carroll, NRA Legal Last week, Westpac’s workforce voted overwhelmingly in favour of a ground-breaking new enterprise agreement. The agreement, which was supported by the Finance Sector Union, contains a novel entitlement for transgender employees undergoing gender transition to access up to four weeks’ of paid...

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Tribunal finds employer liable for unknowing discrimination

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how...

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how employers can be liable, even unwittingly, for discriminating against their employees. The Facts Mr Ferris was employed by the Department of Justice and Regulation at Langi Kal prison in Victoria. Unknown to...

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Fair Work Commission resolves ambiguity around casual penalty rates

You will recall at the beginning of this month the NRA had reported on the Fair Work Commission’s (FWC)...

You will recall at the beginning of this month the NRA had reported on the Fair Work Commission’s (FWC) decision to introduce additional penalties for casual employees under the General Retail Industry Award 2010 (the Retail Award). Last week, the National Retail Association (NRA) intervened in the matter and filed...

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Meet Calum Woods, Lawyer and Senior Workplace Relations Advisor

Calum Woods is the newest addition to the workplace relations team at the National Retail Association. Calum was a...

Calum Woods is the newest addition to the workplace relations team at the National Retail Association. Calum was a former Associate to Commissioner Spencer at the Fair Work Commission assisting with significant matters such as the family and domestic violence leave award modernisation claim, the Coles enterprise agreement termination...

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Still not measuring up: sexual harassment survey paints grim picture of Australia workplaces

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated...

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated national inquiry into sexual harassment in the workplace, conducted by the Australian Human Rights Commission (AHRC). This Inquiry coincides with the AHRC’s Fourth National Survey into Workplace Sexual Harassment, which has...

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