The Full Federal Court has today unanimously upheld an appeal by the ACCC in relation to Google Ads published by workplace relations advisor Employsure Pty Ltd. The Full Court found that Employsure had breached the Australian Consumer Law by making misleading representations that it was, or was affiliated with, a government agency, overturning the judgment […]
READ MOREPrivileged: FWC rejects Applicants’ claim to access investigation documents
The Fair Work Commission (FWC) has a broad power under section 590 of the Fair Work Act 2009 (Cth) (FW Act) to “inform itself in relation to any manner before it in such manner as it considers appropriate”. Under this general power, the FWC may inform itself by requiring the production of documents or records […]
READ MOREWorker fired for attending a Wiggles concert
In a recent case, the Fair Work Commission considered the consequences for an employee who stretched his personal/carer’s leave too far. The applicant was employed as a car detailer at a Toyota dealership in Yarrawonga. One day in June 2019, the applicant notified the respondent that he could not attend work as he needed to […]
READ MOREFair Work Ombudsman issues fresh advice on mandatory COVID-19 vaccinations
The Fair Work Ombudsman has issued fresh guidance on the topic of mandatory COVID-19 vaccinations for staff, giving employers in certain industries the green light. Previously, the FWO advised that the majority of employers in Australia would not be able to require workers to be vaccinated against COVID-19. But there has been growing pressure from […]
READ MOREHit the brakes: Commission finds on-the-job feedback sufficient in warning employee about poor performance
In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) is required to consider a number of factors under the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’. One such factor is, if the dismissal is related to unsatisfactory performance of an employee, whether or not […]
READ MOREAged care operator Regis uncovers up to $40m in staff underpayments
Aged care operator Regis Healthcare has uncovered staff underpayments that could be potentially as high as $40 million over six years because employee entitlements were recorded incorrectly in its payroll system. The company, which owns residential care and retirement villages across Australia said it was conducting a comprehensive review of payroll data to work out […]
READ MOREShould you sack antivaxxer execs?
Dan Janney, Newmont’s North American vice president, was pink-slipped Wednesday after a row over the mining company’s policy backing widespread vaccination, according to a report by The Australian. “Dan has advised that he will not support or promote the company’s position with respect to Covid-19 vaccination, and therefore he is no longer working for the […]
READ MORECasual employee case to have huge repercussions for employers
The High Court has dealt a blow to the rights of casual workers in what an expert has called a “shocking” ruling with “profound” implications for employment law. The High Court’s ruling ended years of uncertainty about the rights of casual workers to claim paid leave, according to a report by The Australian. The High […]
READ MOREOff the clock: Fair Work Commission finds out-of-hours drink driving offence was not a valid reason for dismissal
Generally, the way in which an employee conducts themselves out-of-hours does not fall within the realm of what the employer can supervise or control. However, there are times where an employee’s conduct after business hours and away from work can impact the employment relationship. The Fair Work Commission (FWC) recently made an important out-of-hours conduct […]
READ MORE2020 Virtual Payroll technology workshop
Choosing the wrong payroll vendor can be a very costly mistake, both in time and money. In conjunction with the 2020 Payroll Software and Services Directory, Australian Payroll Association is presenting a workshop on how to successfully procure payroll services and technology. In this two-hour virtual workshop, Tracy Angwin will share APA’s methodology for the […]
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