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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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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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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The fruits of forethought: good planning gives employers victory in Fair Work Commission

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...

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NRA leading proactive responses to wage compliance in the retail and fast food industries

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO,...

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO, Lindsay Carroll reflects on a year that has been a challenging time for retailers and business in general. Never before has compliance with industrial laws been so far at the...

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Top tips for engaging casual employees over Christmas

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal According to recent analysis by global job search platform Indeed, 67%...

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal According to recent analysis by global job search platform Indeed, 67% of Christmas job opportunities in Australia are created in the retail sector to help serve the Christmas shopping frenzy. Last year, Australians spent in excess of $26 billion during the month...

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Understanding uniform and laundry allowances

Understanding when to pay uniform and laundry allowances prescribed by modern awards is an issue that is commonly misunderstood...

Understanding when to pay uniform and laundry allowances prescribed by modern awards is an issue that is commonly misunderstood by employers. The misunderstanding often arises because employees can claim such allowances on their tax return. However, employers may be in breach of a Modern Award if applicable uniform and...

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What is the ‘gig economy’ and how does it affect me?

By Sooraj Sidhu, NRA Legal You might have heard in recent months the term ‘gig economy’ being thrown around by...

By Sooraj Sidhu, NRA Legal You might have heard in recent months the term ‘gig economy’ being thrown around by politicians, lawyers and leaders in workplace relations. The term, which has become buzzword of the century, refers to the burgeoning number of workers engaged in short-term or temporary positions, either through...

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Family and domestic violence leave introduced into modern awards

From 1 August 2018, modern awards were varied to include the family and domestic violence leave. This means that...

From 1 August 2018, modern awards were varied to include the family and domestic violence leave. This means that employees covered by a modern award are entitled to take five days’ unpaid leave if they are affected by family or domestic violence. The changes do not extend to employees covered...

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Legislative update: Modern slavery in supply chains

By Alex Millman and Lindsay Carroll, NRA Legal On 28 June 2018, the Commonwealth introduced the Modern Slavery Bill, which,...

By Alex Millman and Lindsay Carroll, NRA Legal On 28 June 2018, the Commonwealth introduced the Modern Slavery Bill, which, if passed, will target the supply chains of large businesses in a bid to quash modern slavery in Australia. A week prior, on 21 June 2018, the New South Wales...

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Domestic Violence Leave set to arrive on 1 August 2018

On Friday 6 June 2018 the Full Bench of the Fair Work Commission, in a decision published that afternoon,...

On Friday 6 June 2018 the Full Bench of the Fair Work Commission, in a decision published that afternoon, advised that it intended that Domestic Violence Leave would commence through the modern award system on 1 August 2018. Background This decision finalises a process which saw the Fair Work Commission reject...

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Full Bench hands down decision on loaded rates

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...

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