This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for retail. An analysis released by […]
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 Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who found in June that it had not acted in the best interests of workers when it pursued directors of the employer under the Fair Work Act’s accessorial liability provisions for underpayments of more than $1 million. […]
Accessorial liability provisions have been used by the Fair Work Ombudsman (FWO) to secure substantial penalties across the chain of command of frozen yoghurt franchise, Yogurberry, for underpaying four overseas workers. Under s 550 of the Fair Work Act 2009 (Cth) (the Act) accessorial liability means that a person who is involved in a contravention […]
It is with great pleasure that I welcome Troy Wild to the National Retail Association as Director, Legal Division, and Principal of our in-house law firm, NRA Legal. Troy joins us with an extensive background in industrial relations and employment law, as well as 13 years’ experience gained as a Criminal Investigative Police Officer. Troy […]
We are pleased to welcome our new senior lawyer, Angela Szczepanski to the National Retail Association Legal Team. Angela joins the team with over 13 years’ experience in industrial relations and has worked for a number of employer associations, private enterprises as in house counsel and for the Queensland State Government. Angela has a wealth […]
Last week’s retail trade data may not have been the most high-profile activity performed by the Australian Bureau of Statistics in recent months. That honour clearly went to the national Census. But in terms of outcomes, this exercise was almost as disappointing! The ABS reported that retail trade flatlined in July – in official terms, […]
Recent statistics have discovered that sexual harassment in the workplace is at an all-time high with 25% of women and 16% of men experiencing this form of harassment. In July, the Supreme Court ordered WorkCover to pay a family support worker over $1.5 million after she was sexually assaulted by a client within the workplace. […]
It is anticipated that the Fair Work Commission will make a decision regarding weekend penalty rates by September. Adjustments to weekend penalty rates has been one of several issues flagged as a part of the Commission’s 4 year review of the Modern Awards. A number of submissions and applications have been made by employers and […]
The re-elected Turnbull Government has this week shown a dawning awareness of the real challenges confronting the Australian economy, with a number of MPs drawing attention to unemployment and faltering economic conditions, particularly in regional areas. For the retail sector, the difficult trading conditions in some market segments were highlighted by the collapse of two […]
A recent decision in the Federal Circuit Court is one of the latest episodes in the ongoing 7-Eleven wages saga. Federal Circuit Court Judge, Michael Jarrett, saw fit to impose the largest penalty ever ordered for an action brought by the Fair Work Ombudsman on the operator of 7-Eleven franchise. Judge Jarrett, found that the […]
I am very pleased to announce that the National Retail Association has appointed Ms Dominique Lamb as our new Chief Executive Officer. Many of you will already be familiar with Dominique, given her previous role as Principal of the Association’s law firm, NRA Legal. In this position she has worked closely with many members 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 limit will be increased to $69,450. […]
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 statement in support of the application […]
Research has identified that organisations are unconsciously discriminating against gender types in the initial stages of hiring employees. In traditional corporate management roles, men are more likely to be hired than women. Whereas in nursing, men are less likely to be considered for the role over women as the role is considered feminine. Although discrimination is […]
This week saw the National Retail Association facilitate two mental health workshops to help our members identify and manage mental health issues in the workplace. New Australian research has identified that workplace bullying and harassment increases the likelihood of a worker developing suicidal thoughts. These results highlight a growing need for organisational intervention to address […]
Dominique Lamb is the Director of the NRA’s Legal Division and Principal of NRA Legal. She has extensive experience providing industrial relations and employment law advice to a range of small, medium and large businesses across a range of industries. Dominique brings a level passion and motivation to her role which is hard to find. […]
kikki.K have been a member of the National Retail Association (NRA) since 2011 and in that time the legal hotline has been invaluable to our business. Having access to experts in the area of Industrial Relations to be able to sense check your approach is great, as no 2 situations are ever alike and more […]
The media attention surrounding the 7-Eleven chain last year was a wake-up call for the entire retail industry. At the time, the National Retail Association urged all retailers to ensure they understood and were actively complying with their obligations to employees in relation to pay rates and conditions. This week the former head of the […]
On 23 May 2016, the Fair Work Commission (FWC) handed down a decision as part of their four-yearly review of the modern awards. Last year the FWC determined model clauses regarding ‘cashing out of annual leave’; ‘excessive annual leave’; ‘electronic funds transfer and paid annual leave;’ and ‘granting leave in advance’. Cashing out of annual […]