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‘Serious' drunken misconduct didn't warrant summary dismissal: court

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The NSW Court of Appeal has upheld a ruling that it was a breach of contract to summarily dismiss a senior manager for being intoxicated at a conference, despite accepting this constituted serious misconduct. Although finding the manager was significantly intoxicated, the court found this serious misconduct was not done in “serious circumstan...

FWC VP offers advice on workplace bullying in new book

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Employers should tread with “the utmost caution” when an employee makes a bullying complaint then asks that it go no further, according to a new book co-authored by Fair Work Vice President Joe Catanzariti. In a rare insight into a jurisdiction by a sitting member, Workplace Bullying - written by the VP with practicing clinical psycholo...

Supervisor's ‘demotion' and pay cut not enough to claim unfair dismissal

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WFD: A security guard team leader who claimed he was demoted when his pay was cut and his classification lowered has failed to establish grounds to make an unfair dismissal claim. Fair Work Commission Senior Deputy President Matthew O'Callaghan held an award clause allowing classification disputes to be referred to the cmn meant it was “inher...

Fed Court limits scope of employer immunity to adverse action law

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WFD: The Federal Court has restricted the scope for employers to avoid liability in adverse action claims by rejecting that their mistaken subjective belief about a worker's legal rights meant they did not take adverse action because the worker exercised that right. Justice Anthony North rejected Qube Ports' bid to rely on recent authority that an ...

Worker may have bullying claim against neighbours: FWC

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WFD: The Fair Work Commission has held a resort resident employed through his business to provide letting and accommodation services may be able to sustain a bullying claim against fellow residents because common areas of the resort constituted his place of work. The case is a reminder that the categories of workers and individuals whose behaviour ...

Army reservist reinstated due to constitutional free speech right

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WFD: A controversial political figure and reservist sacked by the Australian Defence Force (ADF) has been reinstated, after the Federal Court found his public statements and social media posts - which the ADF deemed homophobic - were protected by the implied freedom of political communication. The case is a rare instance of the implied freedom bein...

Ex-Qld union leader new IR minister

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WFD: The Qld Labor Government has appointed an ex-union leader as its new industrial relations minister as part of a cabinet reshuffle. Brisbane MP and ex-Qld Council of Unions secretary Grace Grace will take on the employment and IR portfolio, replacing Curtis Pitt who retains his role as Treasurer. Grace was the first female leader of the peak st...

Implied political freedom could apply to all employees: academic

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WFD: The Federal Court decision to reinstate army reservist Bernard Gaynor could impact a far wider range of employment relationships than those like Gaynor covered by Defence regs or public sector workers, according to Melbourne Law School professor Adrienne Stone. The director of the Centre for Comparative Constitutional Studies told Workforce Da...

Charges against CFMEU Vic raise concerns over criminalisation of IR

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WFD: The Trade Union Royal Commission (TURC) taskforce has arrested and charged Construction Forestry Mining Energy Union (CFMEU) Vic leaders with blackmail for their role in the union's secondary boycott of concreter Boral. The arrests of Vic secretary John Setka and his deputy Shaun Reardon represent the most senior leaders charged by the TURC ta...

Sacking of ‘homicidal' worker harsh

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WFD: A depressed forklift worker fired for threatening to “go postal” at his workplace was unfairly dismissed because his employer failed to take into account his mental illness as a mitigating factor, the Fair Work Commission has held. Manufacturer Jayco Corporation t/as Jayco summarily sacked injured worker Thomas Vernham after his QB...

CFMEU rallies to defend Vic officials against ‘blackmail'

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WFD: Construction Forestry Mining Energy Union (CFMEU) national secretary Dave Noonan and thousands of CFMEU members have rallied to defend two Vic officials charged with criminal blackmail, with Noonan arguing the charges amounted to criminalisation of unions' work. CFMEU Vic secretary John Setka and assistant secretary Shaun Riordan appeared in M...

Hadgkiss reverses resignation in favour of leave

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WFD: Fair Work Building and Construction Commission (FWBC) director Nigel Hadgkiss has retracted his decision to resign the position for health reasons and is preparing to take extended leave instead. Hadgkiss told the building watchdog staff on Tuesday (Dec 8) he would retire after the relapse of a health condition, which saw him taken to hospital...

Review of VP Lawler extended

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The Federal Government has extended the independent review of complaints against Fair Work Commission Vice President Michael Lawler, which will now report by February 29, 2016. The review by former Federal Court Justice Peter Heerey was due to report by the end of the year ( WF 23/10/15 ). Employment minister Senator Michaelia Cash explained the ex...

High Court refuses adverse action test case

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The High Court has refused special leave to appeal in a possible adverse action test case in which a worker was lawfully sacked for his “unpredictability” when he took sick leave. In June, a Full Federal Court majority held that Endeavour Coal did not take unlawful adverse action by moving a worker off higher paid weekend shifts because...

Submissions before Christmas on gutted IR measures

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The amendments the Senate crossbenchers forced the Government to remove from its only piece of its IR legislation to get through parliament are again before a Senate committee, with a December 22 deadline for submissions. The Senate referred the Fair Work Amendment (Remaining 2014) Measures Bill 2015 to its Education and Employment Legislation Comm...

New FWC appointments include Howard govt adviser

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The Turnbull government yesterday appointed four new Fair Work Commission members drawn from legal, employer group and HR backgrounds, including a former ministerial adviser to the Coalition during Work Choices. Deputy president appointments include: Melanie Binet - director of legal services at boutique workplace law firm Gregor & Binet. Binet...

Uber not just about employment v contracting: Sheldon

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Transport Workers Union (TWU) national secretary Tony Sheldon has said the debate about Uber and the disruption economy should not be framed as privileging the employment relationship over independent contracting, but about empowering contractors to build entitlements. Speaking to Workforce at Per Capita's “Organised Disruption: Protecting Wo...

Insecure work a challenge to labour rights: academics

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Insecure work and digital disruption pose a major challenge to minimum employment standards and labour rights, two prominent academics have argued. Sydney Law School dean and employment law expert professor Joellen Riley and the UK's Institute of Employment Rights president professor Keith Ewing made the comments at the Australian Institute of Empl...

Rights based labour law best to stop legislative ‘uncertainty': Bromberg

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A rights-based approach to labour law is the best way to create a fair workplace relations system and provide certainty in the face of numerous legislative changes, Justice Mordy Bromberg has said. Justice Bromberg made the comments at the Australian Institute of Employment Rights (AIER) 10 th anniversary on December 3. The event served to launch &...

Govt releases draft choice of funds bill for comment

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The Federal Government is inviting feedback on draft legislation that would ensure employees covered by enterprise agreements or workplace determinations made after July next year can choose their own superannuation funds. The Superannuation Legislation Amendment (Governance) Bill 2015: Extending superannuation choice to enterprise agreements, rele...
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