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Employer ordered to pay $43k for unfairly sacking bullied worker

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WFD: Despite acting in an erratic, repetitive, and unusual manner, the Fair Work Commission (FWC) has awarded a worker the maximum compensation for being unfairly dismissed because his employer failed to properly investigate the worker's claims of being bullied. Commissioner Julius Roe said while PQ Australia Pty Ltd night shift packer Daniel Cole ...

Coalition shrugs: too much work to develop national LSL

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WFD: Political and industrial parties agree the mish-mash of Long Service Leave (LSL) schemes in Australia is "complex" and "confusing", especially now the world of work has changed since the entitlement was first introduced. However, they remain divided over what changes if any need be made, according to the Senate Education & Employment Refer...

Diary

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Australian Labour and Employment Relations Association national conference : 'WORK - Then, Now & What's Next', May 26-28, Pier One Sydney Harbour, The Rocks, Sydney. More info here .

Editorial Team

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

Govt increases funding for ‘high risk' 457 visa sponsor prosecutions

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Employment minister Senator Michaelia Cash has boosted the Federal Government's compliance focus on 457 visa sponsors, allocating more money to fund prosecutions where government inspectors find high risk breaches, an immigration conference has been told. Border Force (BF) superintendent Marisa Dominello told today's CPD Immigration Law Conference ...

Terrorism financing concerns no shield to unfair dismissal claim

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A Tasmanian casino does not have immunity under money laundering and terrorism financing laws over its sacking of a gaming cashier on grounds the cashier's husband was facing criminal charges. Fair Work Commission Deputy President Anne Gooley rejected Tasmanian Country Club Casino Pty Ltd's argument the Anti-Money Laundering and Counter-Terrorism F...

Union membership not reason for redundancy: court

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The Federal Circuit Court has rejected a retrenched Australian Manufacturing Workers' Union delegate's claim he was the victim of adverse action based on his industrial activities, holding he was chosen for redundancy in a fair and transparent process. Judge Stewart Brown dismissed William Payne's argument that South Australian Water Corporation (S...

Financial planner pressured to quit over ‘shares'

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The Fair Work Commission (FWC) has found a financial planner was constructively dismissed because evidence showed the employer was pressuring him to exit long before he quit. FWC Deputy President Timothy Abey pointed to FM Financial Group Pty general manager Denis Harrington's emails and actions towards Stephen Foster as demonstrating an intent to ...

No harassment as colleague's behaviour not work-related

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A man who sexually harassed a work colleague at her home, including turning up naked and putting her hand on his penis, did not breach anti-discrimination laws because that behaviour came out of their personal not work relationship. The NT Anti-Discrimination Commissioner Sally Sievers acknowledged the personal relationship had developed out of the...

FWO cracks down on outsourcing: farmer must audit labour hire

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A NSW mushroom farm must engage in regular auditing and monitoring of labour hire workers after it was caught using overseas workers who had been underpaid a total $92k. Gromer Enterprise Pty Ltd signed up to the enforceable undertaking (EU) after the Fair Work Ombudsman (FWO) said it must share responsibility for underpayments by labour provider T...

$100k each for director, GM in Coles subcontractor liability case

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The Federal Court last week imposed $100k in penalties against both of the heads of Coles' principal trolley contractor after it had found they were involved in underpaying subcontractors' employees $220k from 2009 to 2011 (WF 10/10/14) . The penalties - at 75% of the maximum - were handed down following default s550 liability judgment against Star...

Editorial Team

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

Legal advice provided buffer but overtime scam still ‘serious'

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A Qld family farm and its manager have been fined a total $60k for setting up sham companies to avoid overtime obligations for its fruit pickers. Federal Court Justice Berna Collier lowered the fine from a possible $300k after considering the farm and its director were “unaware” they were breaching workplace laws because they were follo...

Claims of visa scam as ship engineers face job losses

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Maritime engineers aboard two Sydney and Melbourne oil tankers are concerned they will be replaced by s457 visa workers after a petroleum company ended their contract in preference for ships registered in the Bahamas. The Australian Institute of Marine and Power Engineers (AIMPE), which represents Maritime engineers aboard the ship Zemira in Melbou...

Angrily questioning your boss not valid reason for dismissal

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The Fair Work Commission (FWC) has found real estate company Highlands Property unfairly fired an employee who had been “angry and hostile” during a meeting because telling your boss off isn't necessarily employee misconduct. Commissioner Bernie Riordan found when employee Nardia Luckman vented at her boss Peter Walker, it was a “...

Vast majority of fast-food outlets involved in underpayments: audit

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A shocking 84% of fast food stores were underpaying their workers last year, a payroll review of the industry has revealed. The 2015 audit of more than 70 stores across Australia, mostly franchisees, was conducted by Employment Relations Strategies (ERS) - an HR consultancy firm that has represented KFC, Pizza Hut, Red Rooster and Nando's. The repo...

Editorial Team

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

School bus driver fired for drinking to be reinstated

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Aschool bus driver fired for drinkingalcohol prior to his shift has won reinstatement because there was no evidence he had alcohol in his system, he couldn't do his job,and he was never given an opportunity to respond to his employment being at risk. PJ & P Eldred T/A Elderado Travel Tours fired Richard Peters on Oct 17, 2015. The owner submitt...

FWC issues sweeping RoE restrictions on CFMEU branches

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The Fair Work Commission (FWC) brought the hammer down on the Construction Forestry Mining Energy Union (CFMEU) on Monday (March 7, 2016), handing down orders suspending several union officials from workplace entry for two years and imposing restrictions on a host of CFMEU branches. After considering a submission by Fair Work Building Industry Insp...

Give Qld powers to determine adverse action, bullying: review

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An ambitious review of Qld industrial laws has recommended giving the state IR commission Fair Work-like anti-bullying powers, including over partnerships and voluntary associations, as well as jurisdiction to arbitrate general protections claims. The review , completed at the end of 2015 and provided to state cabinet last week, was an election pro...
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