We often receive calls from members who claim to have footage of employees engaged in misconduct. This case is a timely reminder that in order to rely on video footage it must be conclusive. It is simply not enough to have something on camera that is unclear. In Mulhall v Direct Freight (Qld) Pty Ltd […]
Safe Work Australia has published the Second Annual National Statement which identifies emerging trends in psychosocial health, safety and bullying in Australian workplaces. The data in the statement is based on data from accepted worker’s compensation claims involving mental stress. The statement highlights some interesting workplace trends:•the median direct cost of bullying-related workers’ compensation claims […]
We are pleased to share with you some recent staff changes within the National Retail Association Legal team. Victoria Hansen joins the team with nine years’ experience as a lawyer. Victoria brings a wealth of experience gained from most recently working as an Industrial Relations Advisor for the Civil Contractors Federation and most notably as […]
A woman, who worked as an advertising sales representative, has won her unfair dismissal case due to her employer’s misunderstanding of the employee’s intentions to work out her notice period. In July 2015, the employee was under significant stress from being overworked by her employer. According to her evidence, the owner of the company became […]
A new law recently passed by the Federal Government will protect small businesses from unfair contact terms in standard form contracts. The new law will come into force on 12 November 2016 following a 12 month transition period. A small business is defined as employing less than 20 people, including casual employees employed on a […]
As part of its commitment to improving safety for Queenslanders at work, the Palaszcuk Government has passed a new Bill, which introduces a number of changes to the State’s work health and safety (WHS) laws. The WHS Bill aims to restore elements of the original Work Health and Safety Act 2011 (Qld), which were altered […]
The Federal Circuit Court has found The Monitoring Centre (TMC) took adverse action against their general manager who had made a workplace complaint when the company asked employees to provide negative feedback about the general manager and ultimately used this feedback to terminate her. The former employee made a formal complaint against the director’s wife, […]
The recent case of Hail Creek Coal Pty Ltd v Haylett & Anor [2015] QCA 259 (4 December 2015) has provided guidance on the limitations of an employer seeking health information from an employee. The employee began as a Drill Rig Operator at the Hail Creek Mine and in 2010 was left unfit for work […]
In a recent decision before the Fair Work Commission, it has been held that volunteers are unable to make anti-bullying claims against their employers, as they do not satisfy the definition of “worker” under s 789FC of the Fair Work Act 2010 (Cth). In the facts of this case, a volunteer had brought an application for […]
Labour hire companies operating in Queensland may be subject to licensing and registration requirements in the near future, as the Queensland Parliament launches an investigation into the nature of these businesses and allegations of sham contracting. The review, headed by the Finance and Administration Committee, will consider both the social and economic impacts of these […]
On the 27th November 2015, certain changes came into effect in respect of the Fair Work Act 2009 (“the Act”) pursuant to the recent passing of Parliament of the Fair Work Amendment Bill 2014. The key changes to the Act which are of most relevance are as follows: Parental Leave changes: An employer cannot refuse […]
As a business owner or manager, you deal on a daily basis with a wide range of expenses – some large and some small, but each one impacting on your bottom line. And, no doubt you often stop to reflect on the worth of each overhead to your ultimate performance. Membership of an industry association […]
The New South Wales Civil and Administrative Tribunal has allowed an ex-employee to proceed with a claim of discrimination, after documents were obtained with enough evidence for the complainant to make a case. According to the employee, who worked for the Salvation Army as a store supervisor, she was unfairlysuspended on the basis of her […]
In this case update, the NRA Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others [2015] FWC 7312. This decision provides much-needed insight into the scope […]
Given the public holidays that are fast approaching, members are reminded of the following matters arising out of section 114 of the Fair Work Act 2009 when requesting employees to work on a public holiday: 1. An employee is entitled to be absent from work on a day or a part-day that is a public […]
The recent case of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No 2) [2015] FCCA 2967 (4 November 2015) serves as a timely reminder to employers to seek advice as to the appropriate classification of employees, and be mindful of what actions might be considered adverse to the employee and open the […]
As a result of the Queensland Government’s “Improving Safety for Queenslanders at Work” Policy, Work Health and Safety laws in Queensland have changed effective 22 October 2015. The amendments to the Work Health and Safety Act 2011 are as follows: WHS entry permit holders allowed to enter a workplace immediately if they suspect a contravention […]
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 […]
An employer has been unable to successfully establish that they dismissed a client analyst as a result of poor performance. Employment of Mr Anderson with BNP was subject to a three month probationary period. Just days prior to his termination, Mr Anderson was confronted by his supervisor in earshot of other employees on 19 March […]
The Queensland Government has re-introduced the Retail Shop Leases Amendment Bill again into parliament after the original Bill lapsed when the last election was called. The Bill followed extensive consultation as a part of the statutory review that started in 2013. The NRA was a member of the Reference Group that considered all the proposals […]