Failure to disclose director’s convictions results in costly breach of labour hire licensing legislation
Federal Court finding distinguishes employment class actions from commercial class actions
Sacking Of Political Staffer By Email Deemed Unfair
In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including dismissal via email) and the denial of natural justice outweigh instances where dismissal could otherwise be considered valid.
Failure to Attend Medical Examination Lawful Reason for Dismissal
Paid Family and Domestic Violence Leave Entitlement on the Radar
The Full Bench of the Fair Work Commission (FWC) recently came to a provisional view that there should be a modern award entitlement to 10 days of paid family and domestic violence (FDV) leave. The Full Bench’s provisional view may be accessed here.
Sladen Snippet - Sweet victory for Mondelez after High Court rules on the meaning of ‘day’ for personal / carer’s leave
Unfair Dismissal Update - Is Long Service A Get Out Of Jail Free Card?
The Full Bench of the Fair Work Commission (Commission) has issued a timely reminder that a lengthy period of service is not a “get out of jail free card” for an employee when challenging the fairness of their dismissal in BlueScope Steel Ltd v Habak [2019] FWCFB 5702.
Christmas Essentials
To help you navigate you through the silly season, the Employment, Industrial Relations & OHS team bring you this short yet comprehensive guide, Christmas Essentials.
Christmas Essentials will guide on what you need to know about public holiday trading, employing Christmas casual staff and avoiding the legal hangover from the office end-of-year party.
Hot Issues in Structuring and Rewarding Employees
On 28 October, 2015 Sladen Legal delivered a presentation on various topics in the area of Hot Issues in Structuring and Rewarding Employees.
Topics presented were:
- Professional Practices Structures – the ATO views and the law - Rob Jeremiah
- Superannuation and employees - Phil Broderick
- Employment risks in corporate and business restructures - Louise Houlihan
- The new employee share scheme regime – the promised land or a mirage? - Carlos Barros
Sladen Snippet – Hefty fine incurred for failure to pay proper notice
Failure to pay to an employee proper notice resulted in a HR Manager and the company she worked for being fined in the Federal Circuit Court in Adelaide.
The employee was paid some notice, but not the whole of the notice period required by the Fair Work Act. This underpayment resulted in the employee being underpaid $181.66 (two days’ notice) as a result.
The HR Manager conceded in the hearing that she knew of the requirements to pay proper notice, but the company claimed confusion had arisen as a result of the interaction of the provisions of the workers compensation legislation in South Australia regarding termination of employment and the Fair Work Act. The Federal Circuit Court did not accept this as a reasonable excuse, stating the company should have paid the notice as provided by the Act.