Misconduct the ‘worst possible case’

The Federal Court has ordered a company to pay $96,000 in penalties and the owner $19,200 after finding both entities had engaged in deliberate conduct regarding employees’ rights. The court found the company failed to provide ten former employees with their severance package, annual leave on termination of their employment and the requisite notice. The […]

FWO v Ramsey Food Processing

Federal Court says employer’s misconduct the ‘worst possible case’ Fair Work Ombudsman v Ramsey Food Processing Pty Ltd (No 2) [2012] FCA 408 (20 April 2012) The Federal Court has ordered a company to pay $96,000 in penalties and the owner $19,200 after finding both entities had engaged in deliberate conduct regarding employees’ rights.  The […]

Adverse action can have a broad meaning

When an aircraft engineer made a claim for overtime after an overseas posting, his employer was not inclined to approve it. In a heated exchange by telephone, a senior manager of the company basically said that if the employee didn’t like the arrangements for these overseas jobs then he shouldn’t go on them. The company […]

AMIEU v Dardanup Butchering Company

http://www.fwa.gov.au/decisionssigned/html/2011fwafb3847.htm Employers can refuse access to lunchroom but need to be careful in doing so The union sought access to the company’s lunch room for the purpose of discussion with employees under section 484 of the Fair Work Act. The company instead offered the union access to the training room. The union didn’t want to […]

Baiada v NUW

http://www.fwa.gov.au/decisionssigned/html/2011fwa4096.htm Covert filming misuse of Right of Entry The employer asked FWA to act on its motion and deal with what it said was unlawful and improper conduct of the NUW and its officials in relation to the misuse of rights of entry under the Fair Work Act and specifically under orders made by FWA […]

Covert filming misuse of Right of Entry

The employer asked Fair Work Australia to act on its motion and deal with what it said was unlawful and improper conduct of the NUW and its officials in relation to the misuse of rights of entry under the Fair Work Act and specifically under orders made by the commission in relation to suspected contraventions […]

TWU v DHL Supply Chain (Australia) Pty Limited

FWA finds an employers decision not to grant union access to lunchroom but to “allocate the rooms of their choosing” not to be an unreasonable www.fwa.gov.au/decisionssigned/html/2011fwa1417.htm The union sought access to the employer’s lunchroom on the basis the room they were normally provided to hold discussions was a manager’s office, was located in a management […]