Posts Tagged ‘Fair Work Act’
Presumptuous payroll rules end in heavy penalties for employer
In a stern warning for employers who “automate” certain parts of their payroll processes, the South Australian Employment Tribunal (the Tribunal) has slammed an employer with significant penalties for automatically deducting unpaid meal breaks from an employee’s day. The Tribunal also imposed penalties for 10 minutes of unpaid time at the start of each shift,…
Read More“Hopelessly cavalier”: Fair Work Commission cracks down on discriminatory redundancies
The Fair Work Commission has taken aim at a family-owned retail business and a financial services firm, both of whom restructured their operations after they were notified that two respective employees had fallen pregnant. In a rare consent arbitration, Compuworld was found to have breached the workplace rights of a full-time Receptionist after she requested time off…
Read MoreFranchisor avoids penalties for failure to comply with invalid Notice to Produce
When the Fair Work Act 2009 was amended in 2017 to allow franchisors to be penalised for the non-compliance of their franchisees if they failed to take ‘reasonable steps’ to prevent contraventions from occurring, the Fair Work Ombudsman quickly placed the franchising model into its spotlight. This increased focus has led to the FWO carrying out numerous investigations…
Read MoreBeyond JobKeeper: Alternative flexibility options in the coronavirus epoch
Many of our readers will doubtless be aware, by virtue of the many, many circulars issued in recent weeks, of the temporary amendments to the Fair Work Act 2009 (Cth) which allow employers greater flexibility in the engagement of employees who are receiving JobKeeper payments. These measures include statutory authorization to direct employees to work fewer hours than their…
Read MoreHave we got that on tape? The risks of covert workplace investigations
Since before the introduction of the Fair Work Act it has taken more than just a valid reason to dismiss an employee. From providing an opportunity to respond, to not refusing a request for a support person – these additional ‘procedural fairness’ steps are viewed by many as merely stages on the conveyor belt to…
Read MoreTenth anniversary of the Fair Work Act – Part 1: A change to the union landscape
With the Fair Work Act 2009 (Cth) (the FW Act) nearing its tenth anniversary in April, now is an apt time to reflect on how the landscape of industrial law has changed both because of the Act, and because of changes to it over time. We have previously discussed how the FW Act, in this age of…
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