All publications relating to ‘Employment’
The proper scope of the anti-bullying jurisdiction
Strong Words from the FWC Bench In the recent decision of Tanka Jang Karki [2019] FWC 3147, which dealt with an application to the Fair Work Commission (FWC) for a stop bullying order, Deputy President Sams took the opportunity to express disquiet about the way in which some applicants use the anti-bullying…
Fair Work Commission rules out new approach to individual dispute
A New Approach Section 576(2)(aa) of the Fair Work Act (Act) confers upon the Fair Work Commission (FWC) the function to promote ‘cooperative and productive workplace relations and preventing disputes’. Pursuant to this provision, the FWC has implemented a jurisdiction called ‘New Approaches’, which has the aim of assisting employers, employees and…
Change the rules – which ones? What businesses need to know about Labor’s employment policy
The Federal Election is less than two weeks away and the Australian Labor Party (Labor), has announced a robust and ambitious reform agenda. Within this reform agenda are key changes to the Australian Fair Work régime, and the question arises as to how will these changes impact Australian businesses if Labor…
Unfair Dismissal – Confidentiality no excuse for failure to consult on redundancy
A recent decision in the Fair Work Commission has shone a light on a dilemma which employers face when managing redundancies in the context of a confidential business acquisition. The dilemma is, at what point in time should the employer disclose to staff the impending acquisition and its likely impact upon their continuing…
An employment and family law guide to family and domestic violence in the workplace
Introduction In 2018 Family and Domestic Violence Leave was introduced to the Fair Work Act 2009 (Cth) (Fair Work Act) and as a model term in modern awards. This initiative came after a strong campaign from trade unions and community groups. However, family and domestic violence is a topic that many employers do…
Valentine’s Day in the Workplace
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14. While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, others embrace with relish the opportunities it presents to either affirm or pursue romance. There has been some recent media coverage (usually with…
Developing a shared understanding of sexual harassment
Sexual harassment in Australian workplaces impacts one in five workers each year and remains predominantly unreported. There are many reasons why this systemic issue remains unaddressed including legal, cultural and social factors. At the core of this problem is the fact that many Australians do not completely understand what sexual…
Using the Anti-Bullying Jurisdiction of the Fair Work Commission for Sexual Harassment Matters
The Limitations of the AHRC Sexual Harassment Jurisdiction Commentators (both lay and expert) have recently lamented that the Fair Work Commission (FWC) does not have a specific jurisdiction to expeditiously deal with sexual harassment complaints. Instead, the usual approach in sexual harassment matters (in the federal jurisdiction) is to lodge a complaint with…
An Employee’s Commute Thwarts an Employer Commuting Redundancy Pay
In the recent Fair Work Commission (FWC) decision in Australian Footwear T/A Diana Ferrari [2018] FWC 7864 the employer, a business trading under the name Diana Ferrari, applied to the FWC to vary the redundancy amount payable to an employee, Ms Tzortzis, whose employment was terminated on the basis of redundancy…
A Real Deal: An Unfair Dismissal Settlement Goes Wrong
We had a deal! An employer asserts an unfair dismissal case has been settled. The Applicant contends no such settlement has taken place. How can the employer resolve the matter? One avenue potentially open to employers is section 399A of the Fair Work Act (FW Act) which is in the following terms: “Dismissing…