Blog / News
Failure to follow redundancy process renders dismissal unfair
A recent case in the Fair Work Commission highlighted the importance of following the proper process when making redundancies. The case of Jody Tuchin v Mills Brands [2020] FWC 583 (7 January 2020) concerned the decision of Mills Brands to make one of its customer...
Employer allowed to rely on employee’s social media posts to defeat claim
In Mandy Lee Baillie v PJDH Pty Ltd t/a Brazilian Beauty Fairfield, an employer was able to rely on social media posts from a former employee to defeat her “general protections” claim. The case concerned a claim against Brazillian Beauty Fairfield by beauty therapist,...
Changes to Employment Law in 2020
The last few years have been a tumultuous time in the world of Australian employment law. We saw "casual" employees being found to be permanent in Workpac v Skeene, and anti-double-dipping legislation rushed through to attempt to deal with the fall-out for businesses...
Victorian Labour Hire Licence Applications – Deadline Extended
In our previous blog article we explained that in order to provide labour hire services in Victoria, a licence is now required. The Victorian Labour Hire Authority have now announced an extension of time for applications to be submitted: Providers who submit a...
Israel Folau: Some ordinary lessons from an extraordinary case
Although Israel Folau’s case against Rugby Australia and the NSW Waratahs is extraordinary on a number of levels - his job, his fame, the value of his claim, etc - the case illustrates some very ordinary concepts in employment law. Had the case been resolved by the...
Workplace policies key to justifying dismissal of offensive employee
The Fair Work Commission has found that the dismissal of an Energy Australia employee was not unfair after it was found that the employee repeatedly breached the company’s Code of Conduct and Diversity and Inclusion Policy (Risyad Chileshe v EnergyAustralia Pty Ltd...
Employer to pay over $100,000 in penalties and ordered to engage an IR expert
The Federal Circuit Court has found that a Crust Gourmet Pizza Store in Hobart underpaid four international employees by almost $10,000 over a 7-month period in 2016 (Fair Work Ombudsman v Qha Foods Pty Ltd & Ors [2019] FCCA 3120). The directors of QHA Foods Pty...
Apprentice unfairly dismissed for refusing to work Sunday shift
The Fair Work Commission recently found that a business trading as ‘Perfect Coat Painting’ unfairly dismissed an apprentice after he refused to work a Sunday shift (Mr Troy Currie v The Trustee for B&S Hambleton Trust T/A Perfect Coat Painting [2019] FWC 7462). A...
Labour hire in Victoria: Licence now required
To provide labour hire services legally in Victoria from 30 October 2019, labour hire providers must have applied for, or already hold, a labour hire licence. Equally, from 30 October 2019 businesses are now prohibited from using unlicensed labour hire providers....
When is it safe to dismiss an ill or injured employee?
When is it safe to dismiss an ill or injured employee? When an employee has been absent from work for an extended period of time, employers often find it difficult to balance their obligations to their ill or injured employee with the commercial realities of keeping...
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