Workplace Solutions

Adverse Action Claim against Qantas Upheld on Appeal – Employee held to be adversely treated when he exercised a workplace right.

This employment law case demonstrates the onerous burden of proof employers bear in defending adverse action claims and, as a result, how carefully they must manage employees who have asserted workplace employee rights.

Background

Qantas has lost their employment law appeal before the Full Federal Court against a finding of adverse action involving a Qantas Licensed Aircraft Maintenance Engineer. [...]  READ MORE →

A recent employment law case before the Administrative Decisions Tribunal (ADT), Cooper v. Western Area Local Health Network [2012] NSWADT 39, emphasised why employment law policies are important and the risks of having insufficient employment law policies.

The case involved an employee taking action against a co-worker and their employer for alleged sexual harassment under the Anti-Discrimination Act 1977 (NSW). In essence, the employer, to avoid vicarious liability, needed to show that it had taken ‘all reasonable steps’ to prevent the behaviour. [...]  READ MORE →

A recent workplace law case highlights the problems an employer can face for representations made to an employee in employment contract negotiations before they start work.

H v Linfox Australia Pty Ltd [2012] FCAFC 42 (22 March 2012)

A business manager’s workplace law appeal was dismissed after the Full Federal Court found that his written employment contract had not been altered by representations made by his employer, Linfox, during employment contract negotiations.

The business manager, Mr Haros, claimed that Linfox made misleading representations about the terms and conditions of his employment regarding job security, the longevity of his position and the exclusivity of his position above other managers. Mr Haros also contended that Linfox induced him to leave secure, long-term employment to accept the position of business manager. [...]  READ MORE →

The Work Health and Safety Act 2011 and Regulations 2011 commenced on 1 January 2012.

The Act provides for increased penalties for corporations, company officers and other persons conducting a business or undertaking.

Through national harmonisation these new workplace laws aim to protect the health and safety of all workers and reduce compliance costs whilst improving safety outcomes.

Significant Changes to Workplace Law for Businesses to be Aware of:

New definitions:      

Worker includes anyone who carries out work in any capacity, including volunteers and contractors [...]  READ MORE →

Learn about employer obligations and employer rights under employment law…

The recent floods in QLD, northern NSW and Victoria have shocked and shaken the nation. Many people have lost their lives, thousands have lost their homes and possessions and whole towns have been destroyed.

Local employers have also been heavily impacted by the floods. From shut downs to coordinating employee absences, employers have played an important role in managing the disaster. And like others impacted by the disaster, the issues for employers do not end when the floodwaters dissipate; workplaces continue to be affected as traumatised employees deal with the aftermath of the destruction. [...]  READ MORE →

The recent New South Wales Court of Appeal decision of Hanna v OAMPS Insurance Brokers Ltd Ltd [2010] NSWCA 267 has confirmed cascading restraint of trade clauses in employment contracts can be validly enforced and are not contrary to public policy.

Facts

Mr Hanna was an experienced insurance broker who commenced employment with OAMPS in 1990. He resigned from OAMPS on 22 April 2010, having accepted an offer to work at another insurance broking firm.

Mr Hanna had about ten years’ experience in insurance broking before he commenced employment with OAMPS. [...]  READ MORE →

From 1 January 2011, the Federal Government’s funded paid parental leave scheme (PPL scheme) will commence and eligible employees will be entitled to 18 weeks paid parental leave (PPL) at the minimum wage in addition to unpaid parental leave and any employer-funded paid parental leave they are entitled to, under workplace law.

To assist with this transition we have put together some FAQs for employees and an action list for employers to prepare for the changes.

FACTS & QUESTIONS

As 2011 approaches, it is likely managers and HR professionals will receive a high volume of inquiries from employees about employee rights under workplace law and the government PPL scheme. [...]  READ MORE →

A new course of action is available against employers under the Fair Work Act (Cth), which commenced on 1 July 2009, known as adverse action.

Although the concept has received little publicity so far, it is vital for employers to be aware of the possibly onerous requirements they could be subject to under the new workplace laws. This is largely a result of the new broadly defined workplace law concept of a ‘workplace right’.

Essentially, an employer is prohibited from taking adverse action against another person based on their ‘workplace right’, or because of their race, sex, colour, sexual preference, age, disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin (subject to inherent requirements/defences that exist under current discrimination legislation). [...]  READ MORE →

Commencement

The Small Business Fair Dismissal Code comes into operation on 1 July 2009.

Summary Dismissal

It is fair for an employer to dismiss an employee, under employment law, without notice or warning when the employer believes on reasonable grounds that the employee’s conduct is sufficiently serious to justify immediate dismissal.

Serious misconduct includes theft, fraud, violence and serious breaches of occupational health and safety procedures. For a dismissal to be deemed fair it is sufficient, though not essential, that an allegation of theft, fraud or violence be reported to the police. Of course, the employer must have reasonable grounds for making the report. [...]  READ MORE →