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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New Zealand Employment Law Changes

The following article is posted here for NRA members who operate in New Zealand. The article was originally published...

The following article is posted here for NRA members who operate in New Zealand. The article was originally published by NRA Partner, Positive People.  This year New Zealand retailers are expecting to see a significant shift in the employment legislation landscape, and recent announcements signal the start of these changes. The following changes...

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Introducing our new lawyer for NRA Legal

We would like to take this opportunity to introduce our membership to our new lawyer on the NRA Legal...

We would like to take this opportunity to introduce our membership to our new lawyer on the NRA Legal team, Emma Treherne. Emma brings over 10 years' experience in workplace relations and human resources management experience to the National Retail Association.  Emma has previously worked for Australian Industry Group, a leading employer association,...

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Employment law legislation update

Written by Alex Millman Members will recall from previous news alerts that there are several pieces of legislation amending the...

Written by Alex Millman Members will recall from previous news alerts that there are several pieces of legislation amending the Fair Work Act currently waiting for the attention of the Senate before they can become law. Foremost among these is the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, which aims...

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Lack of written warnings leads to unfair dismissal ruling

by Sid Sidhu and Troy Wild Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd...

by Sid Sidhu and Troy Wild Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd FWC 2958 Small business employers (employing less than 15 employees) are reminded by a recent case before the Fair Work Commission (FWC) to use the Small Business Dismissal Code (the...

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Significant breach of policy used to justify termination

by Sid Sidhu and Angela Szczepanski, NRA Legal Teresa Margaret Murphy v Banana Coast Community Credit Union Ltd T/A BCU...

by Sid Sidhu and Angela Szczepanski, NRA Legal Teresa Margaret Murphy v Banana Coast Community Credit Union Ltd T/A BCU FWC 2688 An employee who worked as a store supervisor for Banana Coast Community Credit Union (BCU) has had her application for relief from unfair dismissal, dismissed by the Fair...

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Email misconduct dismissal upheld

by Sid Sidhu and Troy Wild, NRA Legal Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty FWC 1838 An...

by Sid Sidhu and Troy Wild, NRA Legal Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty FWC 1838 An employee who made highly offensive comments about numerous clients of the company was found to have been fairly dismissed by the Fair Work Commission (FWC), earlier last month. The accounts manager,...

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Unfair dismissal case actually “genuine redundancy”

by Sid Sidhu and Troy Wild, NRA legal Case study: Laura Wrzoskiewicz v Easy Payroll Perth Pty Ltd FWC...

by Sid Sidhu and Troy Wild, NRA legal Case study: Laura Wrzoskiewicz v Easy Payroll Perth Pty Ltd FWC 2469 A recent case before the Fair Work Commission highlights the meaning of “genuine redundancy” and when an employee will be unable to substantiate an unfair dismissal claim. In this case, a...

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Employer forced to pay employee for ‘harsh’ porn dismissal

Written by Alex Millman and Troy Wild, NRA Legal On 24 April 2017 the New South Wales Industrial Relations Commission...

Written by Alex Millman and Troy Wild, NRA Legal On 24 April 2017 the New South Wales Industrial Relations Commission awarded compensation to a State employee who had been fired after pornographic emails, including images of naked children, were found in her work email account. The employer argued that the employee...

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Senate Report: Vulnerable Workers’ Bill

Summary by Troy Wild, Director NRA Legal On 9 May, the Senate Education and Employment Legislation Committee (‘the Committee’) released...

Summary by Troy Wild, Director NRA Legal On 9 May, the Senate Education and Employment Legislation Committee (‘the Committee’) released its report into the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (‘the Bill’). Read the full report here >> The Committee recommended that the Senate pass the Bill, subject to three...

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Fancy law firms fail to impress Commission

by Alex Millman and Troy Wild, NRA Legal Gregory Peck as Atticus Finch in the 1962...

by Alex Millman and Troy Wild, NRA Legal Gregory Peck as Atticus Finch in the 1962 classic, To Kill a Mockingbird (Universal Pictures) As a business, there is a great temptation that when faced with litigation to stick with what you know. Doubtless you will have engaged...

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The rise of affordable employee advocacy has changed the playing field

By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the...

By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the legal environment around employment law has shifted dramatically. Any person can be represented before the Fair Work Commission by a person acting as a ‘paid agent’. Whilst this is nothing new,...

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Ignorance is no defence

by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can...

by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can provide in their defence. Unfortunately, as we all know, ignorance is no defence. In recent years we have seen increasing exasperation from the courts when an employer contravenes an Award by...

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Enterprise Agreements: New NERR published

By Lucy Harper and Troy Wild, NRA Legal In February this year the Turnbull Government quietly issued the Fair Work Amendment...

By Lucy Harper and Troy Wild, NRA Legal In February this year the Turnbull Government quietly issued the Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017 (‘Regulation’), which was an amendment aimed at removing a technical barrier to approval of enterprise agreements. When negotiating a new enterprise agreement, an employer must...

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How to pay your employees over the Easter and ANZAC Day periods

by Ben Desir and Troy Wild, NRA Legal A number of us are looking forward to the upcoming Easter long...

by Ben Desir and Troy Wild, NRA Legal A number of us are looking forward to the upcoming Easter long weekend and attending ANZAC Day ceremonies. However, for employers, public holidays can be confusing particularly when trying to determine how employees should be paid. The answer depends on whether your...

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Employers can compel medical assessment

by Sid Sidhu and Troy Wild, NRA LegalFull Court affirms employer’s right to compel medical assessmentGrant v BHP Coal...

by Sid Sidhu and Troy Wild, NRA LegalFull Court affirms employer’s right to compel medical assessmentGrant v BHP Coal Pty Ltd FCAFC 42 (10 March 2017)The Full Federal Court has confirmed that employers have the right to dismiss an employee should they refuse to attend a medical appointment...

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