We would like to take this opportunity to introduce our membership to our new lawyer on the NRA Legal team, Emma Treherne. Emma brings over 10 years’ experience in workplace relations and human resources management experience to the National Retail Association. Emma has previously worked for Australian Industry Group, a leading employer association, and in-house roles at […]
With consumers gearing up to spend big over the Christmas period and summer holidays, retailers are busy preparing themselves and employing young workers to assist over the coming weeks. But are you aware of the laws around young workers? It is certainly not the case that you can pay your young employees at trainee rates, […]
Protect yourself from costly mistakes by getting professional advice By Alex Millman and Justine Ansell, NRA Legal A mistake in handling an employee’s redundancy around the same time as the commencement of her maternity leave has cost an employer $57,842.99 in compensation and penalties. The court found that had the manager consulted with the company’s […]
If you don’t, it will become a very expensive exercise… Written by Sid Sidhu and Justine Ansell, NRA Legal Record keeping can be a time consuming and tedious task for most businesses, especially those without a dedicated payroll team. However, members must be vigilant in this space given the strict legal requirements and in light […]
By Alex Millman and Justine Ansell, NRA Legal The union challenge to the Fair Work Commission’s decision to cut penalty rates in the retail, fast food and hospitality sectors wrapped up yesterday, with the Federal Court reserving its decision to be handed down at a later date. With five judges, approximately a dozen barristers, and […]
We would like to take this opportunity to notify our membership that we are farewelling Troy Wild, NRA’s Director, Legal Division, who has been a great support to all of you over the past 12 months. We thank Troy for his contribution to the NRA and the retail industry and wish him well in his […]
Written by Sid Sidhu, NRA Legal A Sydney woman, who was awarded $151,000 in compensation after slipping on a grape in her local Woolworths, has lost her case on appeal and been ordered to pay the supermarket’s legal costs. First Instance At first instance, Justice Maiden SC of the District Court of NSW, found that […]
By Alex Millman and Angela Szczepanski, NRA Legal Khayam v Navitas English Pty Ltd T/A Navitas English [2017] FWCFB 4092 The Full Bench of the Fair Work Commission has granted a teacher leave to appeal against the decision dismissing his unfair dismissal application, challenging long-established precedent claiming that his employment was not truly brought to […]
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 the Senate. Typically, Parliament House […]
by Sid Sidhu and Troy Wild, NRA Legal Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty [2017] FWC 1838 An employee who made highly offensive comments about numerous clients of the company was found to have been fairly dismissed by the Fair Work Commission (FWC), earlier last month. The accounts manager, who had been […]
by Sid Sidhu and Troy Wild, NRA Legal A new Bill, introduced to Victorian Parliament earlier this month, proposes to amend the Occupational Health and Safety Act 2004 (Vic) (‘the Act’) as well as some other legislation, including the Dangerous Goods Act 1985 (Vic). If passed, the new changes may take effect as soon as […]
by Sid Sidhu and Troy Wild, NRA legal Case study: Laura Wrzoskiewicz v Easy Payroll Perth Pty Ltd [2017] 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 payroll officer who […]
Summary by Troy Wild, Director NRA Legal On 9 May, the Senate Education and Employment Legislation Committee (‘the Committee’) released its report into the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (‘the Bill’). Read the full report here >> The Committee recommended that the Senate pass the Bill, subject to three substantive recommendations. Recommendation […]
by Alex Millman and Troy Wild, NRA Legal As a business, there is a great temptation that when faced with litigation to stick with what you know. Doubtless you will have engaged external lawyers before. Maybe they helped get the lease of your shop up and running, maybe they advised on your corporate structure, but […]
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, the employee advocacy industry […]
by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can provide in their defence. Unfortunately, as we all know, ignorance is no defence. In recent years we have seen increasing exasperation from the courts when an employer contravenes an Award by underpaying staff, with fines […]
by Angela Szczepanski and Troy Wild, NRA Legal The ACT Supreme Court has ordered Coles to pay a former staff member over $1 million after she fell from a safety step she says she wasn’t trained to use. Nicole Harris suffered injuries to her right hip, right ankle, right knee and right shoulder when she […]
Written by Ben Desir and Troy Wild, NRA Legal Jia Ning Wang, owner and operator of the Fire and Stone Restaurant, has been received a $20,366 penalty, and his company Golden Vision Food and Beverage Services Pty Ltd has been penalised an additional $51,830 after it was found that he deliberately exploited young international students. […]
By Alex Millman and Troy Wild, NRA Legal On 13 April 2017 Judge Hartnett of the Federal Circuit Court handed down her decision in Balemain v Mobilia Manufacturing & Anor, an application for lost remuneration and pecuniary penalties for sham contracting. The application named both the employer company and the individual director, Mr Bedros Bahar, […]
By Lucy Harper and Troy Wild, NRA Legal In February this year the Turnbull Government quietly issued the Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017 (‘Regulation’), which was an amendment aimed at removing a technical barrier to approval of enterprise agreements. When negotiating a new enterprise agreement, an employer must take steps to notify employees […]