A hospitality industry employer has been condemned by the FWC for sitting on a 20 year old agreement which was, by any measure, seriously sub-standard to the award it displaced. The fierce censure was contained in both the FWC reasons for decision and in incidental commentary, highlighting the negative impact on employees and the gross disadvantage at which competitors of the employer were placed.
Often in bullying cases, the FWC is called on to distil if what has occurred is reasonable management action or bullying.
To properly assess whether an employee’s out of hours conduct is a valid reason for dismissal, an employer needs to make findings about the nature of the conduct and its relationship to the inherent requirements of the employee’s job, according to an appeal FWC full bench.
The tricky issue of exactly when has notice been effected, featured in two recent FWC decisions which examined when an employee knew, or ought to have known, of notice of an event.
Sometimes bargaining gets bogged down and the way out gets harder to see. What many bargaining parties overlook is to use the FWC as a sounding board for their respective positions and maybe a way forward. And the FWC stands ready to serve as a recent case clearly demonstrates.
In two more judgements concerning the true nature of an employment relationship, or if there even is such a relationship, the High Court has again focussed on the original intention of the parties to answer the question. And the message is clear – what is written in the contract really matters.
After repeated requests for full and better particulars about an employee’s fitness for work went unfulfilled, an exasperated employer required the employee to attend an independent medical examination (IME). When she refused, continuing instead to provide opaque certificates from a GP, the employer refused her request to return to work and stopped paying her. […]
Despite numerous activities which could well be described as consultation, a major employer has failed to convince the FWC that it fully consulted with its workforce on the implementation of mandatory vaccination. Because of those shortcomings, the employer had failed to comply with WHS obligations. Therefore the FWC found the directive was unreasonable.
Ross Clarke has more than a decade’s experience in the enterprise bargaining room.
The knowledge and skill he has acquired in this time has enabled him to develop a highly sophisticated planning and process model for successful enterprise bargaining. This proven methodology delivers results across all industries including distribution, hospitality, banking, retail, manufacturing, telecommunications and gaming.
“Ross’s knowledge of industrial relations and his ability to understand how and when to communicate internally with government; and with the media were instrumental in guiding the Association’s successful response to the campaign.”
Patrick Griffin OAM, Australian Hotels Association
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