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‘No work' a valid reason but not enough for redundancy: FWC

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The Fair Work Commission has accepted that a lack of work can be a valid reason for dismissal, but not a genuine redundancy if the employer fails to show there were no other jobs available in the company. The ruling came in a case where the cmn found a sales representative was unfairly dismissed due to the employer's failure to warn it might sack h...

Anti-Muslim emailer fails in reinstatement bid

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A Fair Work Commission full bench has rejected the appeal for reinstatement of a man sacked for sending offensive emails about Muslims, upholding a finding that he lacked contrition. The bench said the “real possibility” the employee could reoffend justified both the decision not to reinstate and a 50% reduction in compensation. Thiess ...

Editorial Team

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Editor: David Marin-Guzman, (02) 8587 7682, david.marin-guzman@thomsonreuters.com. Chief Journalist: Paul Karp. Managing Editor: Peter Schwab. Twitter: @WorkforceTR

Most unions against Lyons ACTU challenge

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WFD: Australian Council of Trade Union (ACTU) assistant secretary Tim Lyons' push to take over from secretary Dave Oliver may be in trouble, with several major right-aligned unions publicly denouncing the bid and several left-aligned unions believed to oppose it. On Wednesday (Feb 5) Workforce Daily exclusively revealed Lyons had formally started a...

Leadership spill at the ACTU

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Exclusive WFD: Australian Council of Trade Unions (ACTU) assistant secretary Tim Lyons is sounding out support in a bid to challenge secretary Dave Oliver for the top position ahead of the peak union body's triennial congress in May, sources have told Workforce Daily . Oliver, previously national secretary of the Australian Manufacturing Workers Un...

Bid to pin legal adviser to adverse action backfires

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WFD : A Federal Court judge has held the Fair Work Act's accessorial liability provision was not intended to cover lawyers giving advice in their professional capacity, even if that advice leads to conduct that is unlawful adverse action. Justice Debbie Mortimer said to make a case against a lawyer under s550 an applicant must establish that the la...

RTBU reopens Aurizon EA termination case

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WFD: The Fair Work Commission (FWC) is set to consider new evidence from the Rail Tram and Bus Union (RTBU) that Aurizon “misled” the cmn in its bid to terminate 14 enterprise agreements (EAs). In May 2014 Aurizon applied to FWC to terminate 14 EAs while it was locked in enterprise bargaining ( WF 23/01 /2014 ). The move infuriated unio...

FCC decides not to impose ‘crushing' penalty on restaurant

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WFD: The Federal Circuit Court has rejected a Fair Work Ombudsman's submission for “near-maximum” penalties on a company that underpaid a Chinese worker on a s457 visa, finding it could crush the business. The FWO sought almost $300k in total penalties on ECFF Pty Ltd and husband and wife directors Priscilla Li Peng Lam and David Wing L...

IT forensics fail to justify discovery in suspected confidentiality breach

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WFD : An employer has lost its bid for discovery orders against three senior ex-employees it suspected of taking confidential information because its forensic examination only pinpointed files they had accessed, not copied. Federal Court Justice Kathleen Farrell acknowledged discovery rule 7.23 would usually receive a beneficial construction. But &...

Abbott abandons PPL plan in govt reset; backs min wage panel

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WFD: Prime Minister Tony Abbott has abandoned his Paid Parental Leave (PPL) scheme and suggested his government will leave minimum wage setting processes unchanged in a major speech to boost the govt's flagging fortunes. Abbott made the comments in his address to the National Press Club on February 2. Abbott said he supported PPL because it “...

Unpaid internships a ‘race to the bottom': academics

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WFD: Unpaid work such as internships may be contributing to a “race to the bottom” in conditions amongst young people competing for entry-level positions in the employment market, a pair of academics has said. Professor Paula McDonald made the comments presenting a paper by Dr Deanna Grant and herself on unpaid work as a strategy to imp...

Aust must refer ‘right to strike' impasse to ICJ: ACTU

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WFD: The Australian Council of Trades Union (ACTU) has called on the Federal Government to publicly support that international labour conventions enshrine the right to strike, amid speculation it wished to depart from the country's long-standing position on the issue. The ACTU made the call in its submission to the senate inquiry currently examinin...

Anti-Muslim emailer fails in reinstatement bid

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WFD: A Fair Work Commission full bench has rejected the appeal for reinstatement of a man sacked for sending offensive emails about Muslims, upholding a finding that he lacked contrition. The bench said the “real possibility” the employee could reoffend justified both the decision not to reinstate and a 50% reduction in compensation. Th...

‘No work' a valid reason but not enough for redundancy: FWC

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WFD: The Fair Work Commission has accepted that a lack of work can be a valid reason for dismissal, but not a genuine redundancy if the employer fails to show there were no other jobs available in the company. The ruling came in a case where the cmn found a sales representative was unfairly dismissed due to the employer's failure to warn it might s...

SDA and UV biggest ALP donors

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WFD: Unions have donated hundreds of thousands of dollars to the Australian Labor Party (ALP) and Greens leading up to the recent federal and state elections, with the shoppies union making the largest single contribution at half a million dollars. The Australian Electoral Commission released the details this week in its periodic disclosure of cont...

MUA push for coverage expansion to counter employer tactics

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WFD: The Maritime Union of Australia's (MUA) controversial bid to broaden the modern award's definition of stevedoring to potentially cover trucking work is set to be heard by the Fair Work Commission (FWC) this week. The Transport Workers Union (TWU) has warned such a change is “entirely unwarranted”, ambiguous and threatens to lead to...

Kathy Jackson fit and ready for June trial; HSU to add to claim

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Ex-Health Services Union (HSU) national secretary Kathy Jackson is fit and will face trial at the end of June in the union's $1.4m suit against her, despite her attempts to use a suspicious fire at her house and possible strike-out application to stall the process. Last year Jackson's lawyers delayed the case based on psychiatric evidence that she ...

UV notches up another Clean Start EA in fight for ‘fairer' wages

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United Voice (UV) has overcome what it said was one of the biggest obstacles in its fight for “fairer” wages in Victoria's cleaning industry, signing a new agreement with Consolidated Property Services (CPS). CPS joins the Glad Group in signing a ‘Clean Start' agreement (WF 17/10/2014) , leaving large companies ISS, Dymos and City...

Suspicions tested in small business summary dismissals

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Two contrasting small business unfair dismissal rulings have demonstrated the different outcomes that can occur when it comes to considering an employer's “reasonable” belief in an employee's serious misconduct to justify summary dismissal. In both cases the employer reported allegations of fraud to the police. However, the rulings show...

$887k penalty for employee's fiduciary duty breach

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WFD: The Queensland District Court has ordered a real estate manager to pay his employer $887k for breaching his fiduciary duty by setting up a real estate business purporting to be a branch of his employer's business. Judge John Robertson rejected the man's claim the business was a partnership with his employer, instead finding he had deliberately...
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