Tag Archives: Fair Work Australia

ILN Today Post

Employment and Safety Client Update – June 2012

In sickness and in health: absence on workers’ compensation counts towards qualifying period for unfair dismissal – Restraints: Yes, they are worth the paper they are written on – Principal exposed for underpayment of subcontractors


In sickness and in health: absence on workers’ compensation counts towards qualifying period for unfair dismissal

By Juvena Hannan, Solicitor of Gadens Lawyers Sydney

A full bench of Fair Work Australia (FWA) has clarified that the absence of an employee on workers’ compensation will count towards the qualifying period for protection from unfair dismissal. More…

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ILN Today Post

Have you really considered redeployment?

A recent decision of Fair Work Australia involving the dismissal of a manager for reasons of redundancy places employers at risk if they do not offer employees lesser roles before making them redundant. A failure to do so may lead to the redundancy being held not to be genuine for the purpose of excluding an employee’s ability to apply for an unfair dismissal remedy.  read more

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ILN Today Post

Common sense prevails at Fair Work Australia

In a decision which will bring comfort to employers, Fair Work Australia has found that employees should not have to be taught ‘common sense’ in finding that the dismissal of an employee was not unfair.  read more

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ILN Today Post

Workplace Relations Update

Facebook sacking upheld by Fair Work Australia
By Michael Cooper of Gadens Lawyers, Sydney

The growth in the use of social media continues to present difficulties for employers in managing their employees’ social media activities.  This is especially the case when managing reputational damage that may be caused by an employee’s social media activities outside of working hours.  In a well publicised decision, Fair Work Australia has recently upheld an employer’s decision to dismiss a retail worker for his facebook tirade. read more

You want me to work on a public holiday! That’s unreasonable – or is it?

By Stewart Rickevich of Gadens Lawyers, Brisbane and Meryl Remedios of Gadens Lawyers, Sydney

In the first decision of its kind, Fair Work Australia has considered whether an employee’s refusal to work on a public holiday was reasonable in an application for an unfair dismissal remedy.  The case arose when an employee was summarily dismissed after failing to attend work on Christmas Day and Boxing Day as his employer had requested. read more

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ILN Today Post

Gadens Lawyers – Workplace Relations Update

Up it goes… Fair Work Australia’s annual wage review and the high income threshold
By Michael Cooper of Gadens Lawyers, Sydney

Under the Fair Work Act 2009 (Cth), Fair Work Australia is required to conduct a wage review each year with any increases as a result of the review to take effect from July.  At the same time that the new rates of pay determined by Fair Work Australia come into effect, the high income threshold under the FW Act is also indexed.  read more

Workers’ compensation for a private party at work!

By Meryl Remedios of Gadens Lawyers, Sydney

In an important decision on employer liability in cases involving social functions, the New South Wales Workers Compensation Commission has recently found an employer responsible for an employee’s injury which was sustained at a private social function held on work premises.  read more

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