By Alexander Millman and Angela Szczepanski, NRA Legal FWO v MHoney Pty Ltd & Anor FCCA 2959 In November last...
By Alexander Millman and Angela Szczepanski, NRA Legal FWO v MHoney Pty Ltd & Anor FCCA 2959 In November last year, Judge Burchardt of the Federal Circuit Court in Melbourne found that MHoney Pty Ltd and its director, Mr Abdulrahman Taleb, had deliberately engaged in multiple serious and deliberate contraventions...
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...
by Angela Szczepanski and Sid Sidhu, NRA Legal Mahajan v Burgess Rawson & Associates Pty Ltd FCCA 1560 The Federal...
by Angela Szczepanski and Sid Sidhu, NRA Legal Mahajan v Burgess Rawson & Associates Pty Ltd FCCA 1560 The Federal Circuit Court has ruled in favour of an employee after hearing that her commercial real estate employer, Burgess Rawson and Associates Pty Ltd, had dismissed the pregnant worker for taking...
by Sid Sidhu and Troy Wild Fair Work Ombudsman v Gaura Nitai Pty Ltd & Anor FCCA 1242 Another franchisee...
by Sid Sidhu and Troy Wild Fair Work Ombudsman v Gaura Nitai Pty Ltd & Anor FCCA 1242 Another franchisee has been exposed by the Fair Work Ombudsman (the Ombudsman) for exploiting a migrant visa worker who was “desperate” to secure sponsorship. The Coffee Club cafe based in Brisbane has...
The Government has announced that it intends to bring the Vulnerable Workers Bill (the Bill) before Parliament in the...
The Government has announced that it intends to bring the Vulnerable Workers Bill (the Bill) before Parliament in the final sitting of the financial year before going on its winter break. The Bill was passed by the House of Representatives on 11 May 2017. It is now pending approval by...
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,...
by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address...
by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address concerns regarding potential non-compliance with Commonwealth workplace laws. The FWO campaign had a particular focus on businesses in the retail, fast food and hospitality industries and conducted more than 50 visits...
The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help...
The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help employers and employees understand their legal rights and obligations. According to the FWO, the campaigns include compliance and education activities, such as providing a range of tools, resources and assistance to...
This week will we see the final release of trade data from the Australian Bureau of Statistics before the...
This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for...
by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer...
by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer to employ casual employees due to the relative simplicity of the arrangement (e.g. paid a loading in lieu of leave entitlements). However, did you know that casual employees could have the...
Accessorial liability provisions have been used by the Fair Work Ombudsman (FWO) to secure substantial penalties across the chain...
Accessorial liability provisions have been used by the Fair Work Ombudsman (FWO) to secure substantial penalties across the chain of command of frozen yoghurt franchise, Yogurberry, for underpaying four overseas workers.Under s 550 of the Fair Work Act 2009 (Cth) (the Act) accessorial liability means that a person who...
The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when...
The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when it comes to workplace liability. Accessorial liability provisions contained in the Fair Work Act now make it possible that with body corporate employers, proceedings may be brought not only against...
Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission...
Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission has been made to the Fair Work Commission (FWC) that if casuals are converted to part-time employees after 12 months, and if their service as a casual is counted towards...
As an employer there is a lot of grey area when paying employees and whether paying in cash is...
As an employer there is a lot of grey area when paying employees and whether paying in cash is legal. Surprisingly too many, employers who pay employees wages through cash is actually a legal practice in Australia, however, there are requirements that must be met. The term ‘cash-in-hand’ is...
The Federal Circuit Court of Australia dismissed an adverse action claim made by a Sales Manager after she was...
The Federal Circuit Court of Australia dismissed an adverse action claim made by a Sales Manager after she was dismissed due to failure to provide sufficient evidence for a compassionate leave request. Jasmine Morris was employed as a Sales Manager at Allied Express Transport Pty Ltd and had previously been...
This week we look at a recent case which serves as a timely reminder to employers engaging in enterprise...
This week we look at a recent case which serves as a timely reminder to employers engaging in enterprise bargaining to take note of the time requirements as detailed in the Fair Work Act 2009 (Cth). If you are considering bargaining or if your enterprise agreement is due to...