Directors and ex-directors liable to compensate employee for Award underpayments

By Margaret Miller • In Employment LawComments Off on Directors and ex-directors liable to compensate employee for Award underpayments

The Federal Circuit Court recently used the Fair Work Act 2009 to make company directors personally liable to pay compensation for Award underpayments to an employee. The case is a warning that a company’s current and former officers and employees may be held liable to pay compensation to an employee

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5 key workplace relations risks for SMEs and how to manage them

By Belllegalwp • In Employment LawComments Off on 5 key workplace relations risks for SMEs and how to manage them

By Denise O’Reilly, Director, D.O.R. Legal Workplace relations laws have been reformed significantly over the past decade. Importantly to SMEs, these reforms have included the introduction of many new types of claims against employers and significantly increased penalties for Fair Work Act breaches (up to $51,000 per breach). This is

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Your employee has a second job while working for you … can you fire him?

By Margaret Miller • In Employment LawComments Off on Your employee has a second job while working for you … can you fire him?

The Fair Work Commission recently found that an employee was unfairly dismissed after his employer found out he had done work for one of their clients while he was on annual leave. The employee took annual leave, telling his employer he needed it so he could register his car. While

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When a volunteer becomes an employee

By Margaret Miller • In Employment LawComments Off on When a volunteer becomes an employee

The Federal Circuit Court recently ordered that Crocmedia Pty Ltd pay a $24,000 penalty for breaching the Fair Work Act 2009 (Cth) (the “Act”):  Fair Work Ombudsman v Crocmedia Pty Ltd [2015] FCCA 140. Crocmedia, which produced radio and television programs in Victoria failed to pay two former employees: minimum wages; casual loading rates;

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The employee’s gone and so is our client information. What can we do?

By Margaret Miller • In Employment LawComments Off on The employee’s gone and so is our client information. What can we do?

What can an employer do if it has no written agreement protecting its confidential information or if there is no specific restraint clause in the employment contract preventing its wrongful use by a departing employee? There is a solution …. While they are employed, employees will have access to confidential

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Sneaky schnitzel … a dishonest employee brought to account

By Margaret Miller • In Employment LawComments Off on Sneaky schnitzel … a dishonest employee brought to account

What can an employer do when it finds out an employee who is responsible for purchasing supplies for the business has been making a profit for himself along the way? In a recent case in the Federal Court, the employee was the head chef in a hotel.  He was responsible

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Sexual Harassment – What Can Employers Do To Limit Their Liability?

By Margaret Miller • In Employment LawComments Off on Sexual Harassment – What Can Employers Do To Limit Their Liability?

Sexual harassment is a form of unlawful discrimination, which is separately prohibited and defined in similar terms in all state and federal discrimination legislation. Sexual harassment occurs when a person: makes an unwelcome sexual advance; makes an unwelcome request for sexual favours; or engages in any other unwelcome conduct of

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Notice Periods for Senior Employees – Do Your Senior Employees Have Up to Date Employment Contracts?

By Margaret Miller • In Employment LawComments Off on Notice Periods for Senior Employees – Do Your Senior Employees Have Up to Date Employment Contracts?

A recent Supreme Court decision has highlighted the need to ensure employers maintain up to date employment contracts with senior employees.  It is easy to overlook putting a new agreement into place when an employee is promoted and this can result in unexpected results when their employment is terminated by

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Employment Law Alert – High Court Rules No Implied Term of Mutual Trust and Confidence in Australian Employment Contracts

By Margaret Miller • In Employment Law, LitigationComments Off on Employment Law Alert – High Court Rules No Implied Term of Mutual Trust and Confidence in Australian Employment Contracts

The High Court of Australia held on 10 September 2014 that a requirement for mutual trust and confidence should not be implied into all employment contracts. The decision follows Barker v Commonwealth Bank, a case heard in 2009 following Stephen Barker being made redundant by the bank. The bank had

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Independent Contractors – A Minefield for Employers?

By admin • In Employment LawNo Comments

Before an employer enters into a services agreement, either party may raise the prospect of the business relationship becoming one of an employer and contractor, rather than that of employer/employee. This can be a minefield for the employer. Common law definitions of “contractor” and ‘employee” are as follows: an independent

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