A Sydney-based worker fired for alleged drunken misconduct has won a bid for reinstatement after it emerged her employer knowingly relied on false allegations. The project manager, employed by Sydney Opera House’s electrical contractor Ryan Wilks, was summarily dismissed last year over allegations she disparaged colleagues while drunk and also sexually harassed one man. After […]
READ MOREA break from banter: FWC upholds dismissals from workplace with “robust environment”
Workplace culture can dramatically vary from workplace to workplace. It is becoming increasingly challenging for employers and employees to understand where the line is between a relaxed, open and friendly workplace culture, a robust workplace culture and what is a workplace with a bullying or harassment issue? In a recent decision, the Fair Work Commission […]
READ MOREShould you pay super on leave loading?
As per our March Members Update: Superannuation Guarantee Ruling SGR 2009/2 provides that annual leave loading will be ordinary time earnings (OTE) unless it is referrable to a lost opportunity to work overtime: 238. By way of exception an annual leave loading that is payable under some awards and industrial agreements is not OTE if […]
READ MORE‘We always had to chase’: Pressed Juices staff owed wages as stores close
Mingka Macdonald got used to being owed money by juice bar chain Pressed Juices when she worked there. “We were always paid late and we always had to chase it,” she said. Ms Macdonald said she is owed about $2000 in unpaid wages and another $2000 in superannuation but the prospect of getting her money […]
READ MOREWorkers chasing $1 million not ‘priority creditors’: Plutus liquidators
Liquidators of the company at the centre of Australia’s largest tax fraud case say workers chasing almost $1 million in unpaid income are not entitled to payment before others owed money. More than 300 workers paid through Plutus Payroll have told liquidators the company owed them before federal police swooped on it and charged 10 […]
READ MORESubway outlets underpaid worker more than $16K
The Fair Work Ombudsman (FWO) has secured $65,438 against the former franchisee of two Subway outlets in Sydney for underpaying a worker more than $16,000. Under the Fast Food Industry Award 2010, the Chinese worker was entitled to receive minimum rates of more than $18, plus casual loading, for ordinary hours, and penalty rates of up […]
READ MOREFree free, set them free: common misconceptions about dismissing an employee in their probation period
A recent decision of the Federal Circuit Court of Australia (the Court) has shown why employers must always exercise care when seeking to dismiss employees – even during their probation period. In Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734, an employer was ordered to pay $10,000 in compensation to a […]
READ MOREChanges to deductions for payments to workers
The rules for claiming deductions for payments to workers are changing. From 1 July 2019, you can only claim deductions for payments made to your workers where you have met the pay as you go (PAYG) withholding obligation for that payment. Where the PAYG withholding rules require an amount to be withheld, you must: withhold the […]
READ MOREWho’s the Boss? Employee loses redundancy pay after refusing other acceptable employment
The Fair Work Commission (FWC) has reduced an employee’s entitlement to redundancy pay to nil after an employer successfully argued that it obtained ‘other acceptable employment’ for the employee, which the employee had refused. Under section 120 of the Fair Work Act 2009 (Cth) (FW Act), the FWC has the discretion to reduce an employee’s […]
READ MOREShark Tank fashion start-up Her Fashion Box hit with $330,000 fine for unpaid internship
A start-up that once scored a $200,000 deal on Shark Tank has copped a massive fine for unpaid internships and underpayment of young workers. A failed fashion industry start-up that once scored a $200,000 deal on Shark Tank has been dealt a final blow after copping a massive fine for exploiting young workers. Her Fashion […]
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