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Category Archives: General News

ALERT: Four gazetted public holidays over Easter 2017

With the Easter long weekend only days away, employers should note that an additional public holiday was gazetted for Easter Sunday. In 2016, the Queensland Government introduced an amendment to the Holidays Act 1983 (Qld), which introduced an additional public holiday on Easter Sunday.  The move brings Queensland into line with its major interstate trading…

Dangerous conduct justifies serious misconduct termination

The FWC has dismissed an employee’s unfair dismissal claim, after it found that the Employer (an automotive parts franchise) had grounds to dismiss the employee for serious misconduct. The Employee was terminated after he engaged in three incidents of misconduct over three days.  Firstly, it was alleged that the Employee performed a burnout in the…

FWC provides lessons for employers in reinstatement case

The Fair Work Commission has handed down a decision that serves as a reminder to employer’s about some key issues that must be considered when summarily dismissing an employee. In this case, Senior Deputy President O’Callaghan found that a cleaner had engaged in a ‘campaign of disobedience’ when he refused to wear the designated uniform…

Prospective employee permitted to pursue discrimination claim

A renowned bus transport company has failed to have a discrimination application dismissed for lacking in substance in the NSW Civil and Administrative Tribunal.  The Administrative and Equal Opportunity Division of NSWCAT heard that the transport company had elected not to employ the Complainant following the Complainant undertaking a medical assessment. The Complainant had applied…

Financial Year Update – Changes from the Fair Work Commission

As the financial year comes to an end, a few significant changes are on the horizon in the Fair Work Commission. From 1 July 2016, we will see the high-income threshold for unfair dismissal matters rise from $136,700 to $138,900.  This means that a non-award employee earning $138,900 or more, will no longer be within…

Alert: Confirmation of Easter Public Holidays in Queensland

With Easter just days away, we thought it prudent to remind Queensland employers as to which days are gazetted public holidays over the Easter break. It should be noted that while Easter Friday (25 March) and Easter Monday (28 March) are nationally gazetted public holidays, in Queensland Easter Saturday (26 March) is also a gazetted…

Labor Government would crack down on exploitative employers

To commence their 2016 campaign for election, the Federal Labor Government have released a ‘plan’ for a suite of reforms targeting ‘unscrupulous employers’ and in particular the underpayment of workers. This ‘plan’ follows a number of 2015 cases where workers engaged by large organisations were allegedly underpaid their entitlements.  Labor’s plan notes that these cases,…

Fairly dismissed for swearing at the boss

Decisions about swearing in the workplace are often some of the more unpredictable decisions in the Fair Work jurisdiction. In this case, the employer succeeded in defending its decision to dismiss an employee by demonstrating that the employee had previously been warned swearing in the workplace prior to his dismissal. The Fair Work Commission heard…

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