The Fair Work Commission (FWC) has reinstated two workers unfairly dismissed for bullying, finding their employer had “deliberately given up the right” to summarily dismiss the pair by ignoring and tolerating alleged misconduct for more than 10 years. Noel Cannan and Kevin Fuller had worked at Nyrstar Hobart Pty Ltd's Risdon smelter sin...
No right to summarily dismiss where conduct tolerated: FWC
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Heated argument led to fair dismissal - despite no valid reason
The Fair Work Commission (FWC) has rejected an unfair dismissal application from a worker whose boss allegedly told her to “get the f--k out”. It found her contribution to a heated argument and their broken employment relationship meant the sacking was not unfair, despite there being no valid reason for it. Karen Boylan claimed that on ...
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Fed Court set to be new authority on paying leave loading on termination
The Federal Court will for the first time examine whether annual leave must be paid out on termination at the base rate or at the amount that would have been payable had it been taken during employment. Centennial Northern Mining Services Pty Ltd brought the legal action last month, disputing the current authority in the NSW Local Court's Ryan v Wh...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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State entities immune from FW Act transfer of business: Qld Rail
Fair Work Act transfer of business provisions do not apply to Queensland Rail (QR) because it is an entity established by the state government and not a constitutional corporation, QR has argued in submissions to the High Court. QR is defending a union challenge to the validity of Qld legislation declaring it is not a corporation and purporting to ...
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Greens' bid to restrict right to stop industrial action fails
The Senate has rejected a Greens' motion to disallow the expansion of powers to stop industrial action in the Fair Work Commission (FWC) for third parties and Western Australia (WA). On June 26, the Federal Government made the Fair Work Amendment (Protected Industrial Action) Regulation . It gave third parties and WA the power to apply to suspend o...
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Mallia denies alleged death threat cover-up
Construction Forestry Mining Energy Union (CFMEU) NSW president Rita Mallia has denied the union gave favourable treatment to George Alex's companies and attempted to ‘white-wash' her investigation of an alleged death threat against whistleblower Brian Fitzpatrick. Mallia's denials came as the Trade Union Royal Commission announced it had sum...
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UV forces employers to act over ‘sham contracting'
United Voice (UV) is ramping up its campaign against alleged sham contracting arrangements in the cleaning industry, with one major service provider this week offering to directly hire contractors after being accused of engaging them on sham agreements. UV has confirmed major cleaning company The Glad Group - which the union had been investigating ...
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FWC tosses out sacked worker's bullying allegations
Fair Work Commission Deputy President Peter Sams has tossed out an unfair dismissal claim, describing it as a “classic case” of a worker raising bullying allegations to deflect attention from his own misconduct. Australian Laboratory Services (ALS) dismissed Jake Egerton in 2014 after accusing three workmates of “gossiping” ...
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Editorial Team
Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR
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Lengthy stop order issued after strike over FWBC dobbing concerns
The Fair Work Commission (FWC) has slapped a seven-month ban on industrial action at John Holland's (JH) Queensland University of Technology Creative Industries Precinct Project (QUT) after considering it was the fourth order issued in only 12 months. The FWC heard evidence the Construction Forestry Mining Energy Union (CFMEU) was using safety issu...
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CPSU backs strikes in Commonwealth govt bargaining
WFD: Public sector union leaders have voted to escalate their federal public sector bargaining campaign to include protected industrial action. The Community and Public Sector Union (CPSU) has been bargaining with 70 federal departments and agencies since March, when the government released its framework requiring pay increases to be offset by empl...
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Competition review raises concerns over anti-competitive EA clauses
WFD: The Harper Competition Review panel's draft report has raised the option of extending competition laws to awards and enterprise agreements, saying businesses should not be restricted in use of contract labour. However, the panel has resisted calls to beef up laws prohibiting secondary boycotts, other than recommending extending jurisdiction to...
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Heated argument led to fair dismissal - despite no valid reason
WFD: The Fair Work Commission (FWC) has rejected an unfair dismissal application from an employee whose boss allegedly told her to “get the f--k out”. It found her contribution to a heated argument and their broken employment relationship meant the sacking was not unfair, despite there being no valid reason for it. Karen Boylan claimed ...
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Fed Court set to be new authority on paying leave loading on termination
WFD: The Federal Court will for the first time examine whether annual leave must be paid out on termination at the base rate or at the amount that would have been payable had it been taken during employment. Centennial Northern Mining Services Pty Ltd brought the legal action last month, disputing the current authority in the NSW Local Court's Ryan...
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Lack of warning made sacking over Muslim beheading email unfair
WFD: The Fair Work Commission has found an employee who sent a highly offensive email to the workplace about radical Muslims and beheadings was unfairly dismissed, despite the email constituting a valid reason for dismissal. The cmn ordered Thiess Pty Ltd to pay Ronald James Anderson $28,579 compensation because it had not adequately warned him abo...
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Labour cost harming shipping productivity: Truss
WFD: Infrastructure minister Warren Truss has recommended reforms to reduce costs in the shipping industry, blasting Labor changes in 2012 as “protectionism” which have contributed to high labour costs. The comments may signal the govt's intention to abolish Labor's 2012 cabotage regulations which required foreign-flagged vessels in Aus...
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ACCI throws weight behind FWC appeals panel push
WFD: The Australian Chamber of Commerce and Industry (ACCI) has thrown its support behind calls for a Fair Work Commission (FWC) appeals panel, with correspondence to its members criticising the current process and calling for “a best practice appeals process”. ACCI chief executive Kate Carnell wrote to members on Friday (September 19),...
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No right to summarily dismiss where conduct tolerated: FWC
WFD: The Fair Work Commission (FWC) has reinstated two workers unfairly dismissed for bullying, finding their employer had “deliberately given up the right” to summarily dismiss the pair by ignoring and tolerating alleged misconduct for more than 10 years. Noel Cannan and Kevin Fuller had worked at Nyrstar Hobart Pty Ltd's Risdon smelte...
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State entities immune from FW Act transfer of business: Qld Rail
WFD: Fair Work Act transfer of business provisions do not apply to Queensland Rail (QR) because it is an entity established by the state government and not a constitutional corporation, QR has argued in submissions to the High Court. QR is defending a union challenge to the validity of Qld legislation declaring it is not a corporation and purportin...
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