by Ben Desir, Workplace Advisor, NRA Legal How did you do? Did you manage the mad dash for last minute Christmas gifts? Chances are you brought on a number of casual members of staff to help deal with the Christmas rush. It’s also likely that a few of these casuals really stepped up to the […]
by Angela Szczepanski, Senior Associate, NRA Legal Dismissing an employee can be stressful and is often quoted as the ‘worst part of running a business’. As well as the emotional context, it can be a long and timely process to ensure due process is followed. In particular, special care needs to be taken to minimise […]
by Ben Desir, Workplace Advisor, NRA Legal Concerning reports of 7-Eleven employees being forced to pay back parts of their wages have come to light. Recent media reports suggest that franchisees of the embattled 7-Eleven brand, have continued to flout their employment law obligations. Workers have spoken to media outlets claiming that their employers have […]
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 to retail businesses, cafes, […]
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 businesses to ensure compliance with […]
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 same rights as […]
The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent case of Phillip Moyle v […]
This recent case warns that labour hire companies cannot “abrogate [their] responsibilities to afford procedural and substantive fairness to a dismissed employee by relying on the fact that unfair treatment was meted out by another entity in which [they] had placed the employee.” Adecco Australia were found by the FWC to have unfairly dismissed a […]
In the recent case of Rooney v Pickles Auctions [2016] FWC 858 (9 February 2016), an employer has been commended for his efforts in following due termination process. The National Retail Association consistently reminds its members of the equal weight given to a valid reason for termination as well as ensuring proper process is followed […]
According to the Fair Work Commission’s newly-released annual report, general protections claims involving termination of an employee has risen by 17.5% in 2014-15. This increase is slightly down in comparison to the previous year. However, the number of claims grew to a total of 3382, with around one third of them allowed to proceed to […]