Casual Conversion’s Hidden Cost

An engineering and shipbuilding company got a nasty surprise when it made a group of employees redundant – the employees’ length of service was found to include their earlier stint as casuals, greatly increasing their entitlements under the statutory provisions. The problem started for the company when it converted a group of casuals to permanent […]

When an Ex Still Has Rights to Dispute You

Construction, Forestry, Mining and Energy Union v Thiess Pty Ltd [2016] FWC 5089 (3 August 2016) An employer has had its jurisdictional argument thrown out by the Fair Work Commission after it unsuccessfully argued that a former employee could not invoke an enterprise agreement’s dispute settling procedure. Given that the employment had ended, there was no […]

How Did You Know?

Samakovlis v Chief Executive, Department of the Premier and Cabinet (Department for Correctional Services) [2016] SAIRComm 6 (4 July 2016) When a sacked public servant grieved his dismissal he didn’t count on the potential longer term consequences of his claim. He lost his case and, according to his testimony in new proceedings, has paid an […]

No Charity from FWC for Ambiguous Paperwork

Ms Kirsty Fraser v Act for Kids [2016] FWC 5052 (27 July 2016) A charity has had its jurisdictional argument thrown out in an unfair dismissal case in the Fair Work Commission, with the decision hinging on the lack of definition in the initial offer of employment. Despite an offer letter spelling out the start […]

The Extending Arm of the Fair Work Ombudsman

Accessorial liability used to be a legal term largely confined to criminal law discussion, but it is now just as likely to crop up in workplace law as the Fair Work Ombudsman (FWO) steps up its compliance activities, targeting individual directors, managers, HR advisers, recruitment companies, labour hire operators and franchisees. In a warning to […]

How Did You Know?

When a sacked public servant grieved his dismissal he didn’t count on the potential longer term consequences of his claim. He lost his case and, according to his testimony in new proceedings, has paid an even higher price since – he has not been able to find another job, and blames the ease of access […]

A Break is a Break

Construction, Forestry, Mining and Energy Union v BHP Billiton Nickel West Pty Ltd  [2016] FWC 3829 (12 July 2016) When two union officials virtually told an employer when and where they intended to enter the employer’s premises to talk to the employees, little did they expect a level of resistance to their demands that would […]

Abusive Resignation Stands

Taylor v AGAS National [2016] FWC 3435 (13 June 2016) For not the first, and no doubt not the last, time, an employee has told an employer to do something anatomically impossible with their job – only to sheepishly turn up for a work a few days later, as if nothing had happened, hoping to […]