Database Raid: Party-Party for the Raider
The Story A SAI Global employee jumped ship to a competitor, Infotrack, taking SAI's data with him on a USB stick. However, the raider lost more than bark in the ensuing court battle. First, The employer got urgent orders from the court requiring the employee to deliver up devices, computers and documents and to give […]
Work Experience Cost him his Sight and Cost the Employer a $240,000 Fine
Year 10 work experience student, Alex Thomas, lost 75% of his sight from 'flash burns' after welding all day without lowering his UV darkening mask. The employer pleaded guilty to breach of the Work Health and Safety Act 2011. A breach of the Act can carry criminal penalties, fines of up to $1,500,000.00 and result […]
Casually Counting Towards Entitlements
The full bench of the Fair Work Commission has found that casuals that convert to non-casual employment are entitled to notice and redundancy not only based on their permanent employment, but also their period of “regular and systematic” casual service: AMWU v Donau [2016] FWCFB (Donau). The Commission took a broad view of “continuous service” […]
Your Honour, ‘Facebook’ and ‘Twitter’ are the Grounds for Dismissal
The age of social media provides us with the opportunity to read a news article, share a photo and connect with a friend – all with one click of a button. Unfortunately, having the world at your fingertips has also presented employees with opportunities to avoid work, and employers with new evidence of employees’ misconduct. […]
Employers generally like to get annual leave off their books
Employers generally like to get annual leave off their books. Forced Leave: Employers can force staff to take leave during an annual closedown (see the modern award), or if they have 8 weeks accrued and you give written notice of at least 8 weeks of when they must start the leave. Cashed Out Leave: For some employees, you […]
Not too Drunk to Get the Sack
Wining and dining is an aspect of today’s workplace culture, for insurance broker Mitchell Innes a night of drinking on the company tab meant the end of his employment with Willis Australia Group Services (‘Willis’). The Story Mr Innes attended a work conference in Melbourne late October 2012, during the conference he and a number […]
‘Chucking a Sickie’? Just Chuck it or Get Chucked!
Australia Day is right around the corner. This year the public holiday falls on a Tuesday. So who wouldn’t be tempted to turn the celebrations into a four day long-weekend, by ‘chucking a sickie’ in the great Aussie tradition on the Monday immediately prior? Well, think again. You might just find yourself out of work […]
High Court Triangulates Labour Hire Sham Contracting
Employers that once thought they could avoid the sham contracting prohibitions in section 357 of the Fair Work Act 2009 (FWA) may have to review their operations. Interposing an independent labour hire company between the company and their workers, or "conversion" of employees into independent contractors, will not necessarily work. In a case handed down on 2 December 2015, […]
‘Reinbeers’ at Christmas Parties – What can go wrong for employers when alcohol is involved?
The Christmas decorations are going up and the staff and employers alike are looking forward to kicking off the silly season with a staff Christmas party. What can possibly go wrong? Unlimited alcohol at Christmas parties is every employee’s dream, but it can also be your worst nightmare. If you haven’t managed your risks effectively, […]
Engaging a labour hire employee – the Fair Work Commission’s view on ‘outsourcing’
Engaging a labour hire employee – the Fair Work Commission’s view on ‘outsourcing’ If you offer permanent employment to a temp worker, then the worker may get unfair dismissal rights, and sooner than you would have thought. Usually, when you take on a new employee, you would expect that the employee would not have unfair […]