Private Sector Wages Growth Still Slow

Wage Price Index, Australia, December Quarter 2015, 6345.0 The latest ABS figures of the Wage Price Index shows that private sector wages grew by 2% in calendar 2015, the lowest since this Index was started in 1998.The public sector figure was 2.6%. These statistics confirm anecdotal evidence over the last 12 months that negotiated wage […]

HR Manager Personally Liable for Breaches

FWO v Oz Staff Career Services Pty Ltd & Ors [2016] FCCA 105 (12 February 2016) Fiddling the books is never a good idea, especially when the Fair Work Ombudsman has come calling, as a hapless HR manager has found out to his personal cost. The law provides for action to be taken against employees […]

Redundant Position not Automatically Redundancy

Adcock v Blackmores Limited & Ors [2016] FCCA 265 (12 February 2016) Despite being offered a number of alternative senior positions, when a manager’s role was made redundant, he decided he had been made redundant, and claimed severance pay. But the Federal Circuit Court has decided that this employee failed to appreciate the difference between […]

Nasty E-mail Causes Nasty Outcome

Norman Burd v Moran Management [2016] FWC 488 (22 January 2016) When an employee, who was already slated to finish up with his company due to poor performance, made slanderous and derogatory remarks about his current employer to a prospective new employer, his employment came to an abrupt, early end. And the Fair Work Commission […]

Suitable Alternative Employment, Despite Personal Hardship

Forster Tuncurry Golf Club Ltd v Martin Crew (12 January 2016) When a bar manager was terminated due to redundancy, he expected a payout – only to be disappointed because his employer said he had refused a suitable alternative position. The employee disagreed, arguing his personal circumstances prevented him from accepting the alternative. He took […]

Unfair to Expect Employers not to Form View

BHP Coal Pty Ltd T/A BMA v Schmidt [2016] FWCFB 72 (5 January 2016) Employers cannot be expected to remain absolutely neutral in their approach to dealing with serious misconduct of an employee, according to a full bench of the Fair Work Commission, and forming a view beforehand is not automatically fatal to the fairness […]

Sizeable Payout for Bullying, Harassment

Kate Mathews v Winslow Constructors (Vic) Pty Ltd [2015] VSC 728 (17 December 2015) A female construction worker has been awarded $1.3 million in damages after the Victorian Supreme Court heard evidence of gross behaviour by work colleagues including physical and verbal assault, harassment on a virtually daily basis and a complete failure of management […]

“Ordinary and customary turnover” not Redundancy

Compass Group (Australia) Pty Ltd v National Union of Workers and another [2015] FWCFB 8040 (1 December 2015) Commercial contracts entered into for fixed terms clearly bring with them the possibility of non-renewal and consequent job losses, and there’s nothing unusual about that according to a full bench of the Fair Work Commission. And that […]