By Thomas Parer and Zoe Brodie, NRA Legal Televisions have become flatter, we’ve moved from typewriters to laptops, and...
By Thomas Parer and Zoe Brodie, NRA Legal Televisions have become flatter, we’ve moved from typewriters to laptops, and now mobile phones have become our everything-in-one device which dominates communication and even some people’s lives. A number of apps and online platforms have emerged to facilitate a purely digital...
By Zoe Brodie and Calum Woods, NRA Legal Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of...
By Zoe Brodie and Calum Woods, NRA Legal Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of automation, the stress of dismissing an employee doesn’t end on their last day of employment. It’s not until 3 weeks (or 21 days) later, when the time limit to file a...
Minimum wage laws are shaping up to be a key issue ahead of the impending federal election. Last week submissions...
Minimum wage laws are shaping up to be a key issue ahead of the impending federal election. Last week submissions closed for the 2018-19 Annual Wage Review and received sizeable media coverage, particularly off the back of the ACTU proposing a six per cent increase to create a ‘living wage’. With...
By Alex Millman and Lindsay Carroll, NRA Legal January was not a good month for Merivale. The hospitality group, helmed by...
By Alex Millman and Lindsay Carroll, NRA Legal January was not a good month for Merivale. The hospitality group, helmed by Justin Hemmes, saw its WorkChoices-era collective agreement terminated in a decision of the Fair Work Commission on 21 January 2019. After operating under this agreement since 2007, the business now...
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,...
By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes...
By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes of what happens when employers are too trigger-happy in sacking their employees. When employers lose unfair dismissal claims, it is usually because they have jumped the gun and dismissed the employee...
Written by Calum Woods and Lindsay Carroll, NRA Legal In a recent application for relief from unfair dismissal, Commissioner Cribb...
Written by Calum Woods and Lindsay Carroll, NRA Legal In a recent application for relief from unfair dismissal, Commissioner Cribb considered circumstances where an employee requested changes to her working arrangements, and then resigned her employment when the employer was unable to accommodate those changes. The employee argued that she was...
By Sooraj Sidhu and Lindsay Carroll, NRA Legal Yesterday, the Fair Work Commission’s (FWC) president Iain Ross responded to reports...
By Sooraj Sidhu and Lindsay Carroll, NRA Legal Yesterday, the Fair Work Commission’s (FWC) president Iain Ross responded to reports commissioned last year, which urged the establishment of a ‘Small Business Division’ of the Fair Work Commission and the reduction of red tape associated with unfair dismissal and adverse action...
By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Commission (FWC) has ruled that a worker who...
By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Commission (FWC) has ruled that a worker who threw a full glass of beer over the heads of his colleagues at an official company Christmas party was justifiably dismissed. This is a significant decision regarding the dismissal of...
By Alex Millman and Lindsay Carroll, NRA Legal Last Thursday a five-member Full Bench of the Fair Work Commission, headed...
By Alex Millman and Lindsay Carroll, NRA Legal Last Thursday a five-member Full Bench of the Fair Work Commission, headed by Vice President Adam Hatcher, handed down its decision in the Loaded Rates in Agreements Case. This case considered eight (later reduced to five) enterprise agreements for which the Commission’s approval...
By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal...
By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal and a re-hearing, the Fair Work Commission has held that an employer had no right to accept the repeated resignations of a distressed employee undergoing internal investigation. Bupa Aged Care Australia...
By Lindsay Carroll, Director and Sid Sidhu, Workplace Relations Advisor, NRA Legal Earlier in 2017, the Fair Work Commission (‘FWC’)...
By Lindsay Carroll, Director and Sid Sidhu, Workplace Relations Advisor, NRA Legal Earlier in 2017, the Fair Work Commission (‘FWC’) determined that the City of Sydney RSL and Community Club had constructively dismissed a casual employee, when it denied the employee from working further “change box” shifts and reduced her...
Fair Work Commission to scrutinise “loaded rates” of pay within Enterprise Agreements By Sid Sidhu, NRA Legal Following the recent win...
Fair Work Commission to scrutinise “loaded rates” of pay within Enterprise Agreements By Sid Sidhu, NRA Legal Following the recent win for retailers and the Federal Court’s decision to uphold the penalty rate cuts across five Modern Awards, the Full Bench of the Fair Work Commission (FWC) has invited peak union...
This week we saw the NSW Government pass its laws extending the minimum lifespan of gift cards from one...
This week we saw the NSW Government pass its laws extending the minimum lifespan of gift cards from one year to three years. I know from speaking to many members that this will cause headaches in a range of areas – from accounting for unused cards on your balance...
The reporting over the past week on the penalty rates case has been fascinating to say the least. In...
The reporting over the past week on the penalty rates case has been fascinating to say the least. In many ways, it has illustrated how deeply Australian’s misconceptions have been about the issue, but more importantly, how easy it has been for those with a vested interest to heighten...
Retailers praise Federal Court for preserving independent umpire’s integrity, after union challenge to penalty rates quashed The National Retail Association...
Retailers praise Federal Court for preserving independent umpire’s integrity, after union challenge to penalty rates quashed The National Retail Association (NRA) has this morning praised the Federal Court for rejecting the unions’ attempts to have the penalty rates ruling of the independent umpire, the Fair Work Commission (FWC), overruled. The Court...