Retailers back changes to Small Business Fair Dismissal Code

The National Retail Association (NRA) has voiced its support for proposed changes to the Small Business Fair Dismissal Code...

The National Retail Association (NRA) has voiced its support for proposed changes to the Small Business Fair Dismissal Code unveiled today by the Australian Small Business and Family Enterprise Ombudsman, Kate Carnell. NRA CEO Dominique Lamb said the current Code is complex, difficult to understand and highly ambiguous in parts. “Small...

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Drinks after work: from legless to jobless

When getting legless can lead to being jobless: lessons learned from after-work drinks By Thomas Parer and Lindsay Carroll, NRA...

When getting legless can lead to being jobless: lessons learned from after-work drinks By Thomas Parer and Lindsay Carroll, NRA Legal Employers and employees are starting to realise that grabbing some casual drinks after work could leave them with bigger consequences than just a hangover. In the recent decision, the Full...

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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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Changes to work arrangements – who’s to blame?

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...

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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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Out-of-hours misconduct justified dismissal

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...

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Commission finds employer had no right to accept employee’s repeated resignations

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...

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Fixed-term employment contracts – Beware of the unfair dismissal risk

By Alex Millman and Justine Ansell, NRA Legal Khayam v Navitas English Pty Ltd FWCFB 5162 Members will recall that...

By Alex Millman and Justine Ansell, NRA Legal Khayam v Navitas English Pty Ltd FWCFB 5162 Members will recall that earlier this year the Full Bench of the Fair Work Commission foreshadowed that it would re-evaluate how the Commission approached fixed-term contracts in unfair dismissal cases, namely whether a contract...

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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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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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Casuals can claim unfair dismissal

by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace AdvisorCasual employment and dismissalIt is common practice for a retailer...

by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace AdvisorCasual employment and dismissalIt 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...

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Termination of bully upheld as a fair dismissal

A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle...

A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle in on a highway, failed to convince the FWC that they were dismissed unfairly.Rio Tinto subsidiary Coal & Allied Mining Services Pty Ltd (Mt Thorley) conducted an investigation into the...

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Unfair Domestic Violence Dismissal – Courts reject employer’s appeal

In a recent application for judicial review, the Federal Circuit Court of Australia dismissed Eliana Construction and Developing Group...

In a recent application for judicial review, the Federal Circuit Court of Australia dismissed Eliana Construction and Developing Group Pty Ltd.’s application stating that they had no basis for unfairly dismissing an employee who had suffered domestic violence by her partner, who was also employed at the same company.The...

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MEMBER ONLY ARTICLE – High Income Threshold Increase in Unfair Dismissal Claims

On Thursday 23 June 2016, the Fair Work Commission announced it would increase filing fees, high income thresholds and...

On Thursday 23 June 2016, the Fair Work Commission announced it would increase filing fees, high income thresholds and compensation caps for unfair dismissal applications. For unfair dismissal claims occurring on or after the 1 July 2016, the high income threshold will be increased to $138,900 and the compensation...

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Breakdown after dismissal breathes new life into unfair dismissal claim

A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker...

A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker was granted permission by the Commission to pursue her unfair dismissal claim, 64 days outside the 21 day statutory limit. Senior Deputy President (Snr DP) Lea Drake considered the worker’s...

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