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Oct 7, 2024 | 
pinsentmasons.com | Ben McKinley
In particular, the Fair Work Commission (FWC) said the employer’s investigation demonstrated a lack of independence, poor investigative techniques and inadequate interviewing processes, and was rushed. The decision is another reminder for employers that workplace investigations must be conducted by impartial, qualified and fair investigators; and that procedural unfairness can outweigh even the most valid of reasons for an employee’s dismissal – for example, substantiated sexual harassment.
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Aug 22, 2024 | 
pinsentmasons.com | Ben McKinley |Alasdair Weir
Each state and territory has its own legislation governing long service leave entitlements. This adds complexity and uncertainty to long service leave accrual and payment for national and international companies but does not free them from the penalties that can apply for non-compliance.
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Jul 28, 2024 | 
pinsentmasons.com | Ben McKinley |Adam Cain |Aleesha Way |Alexis Coleman
The Work Health and Safety Act 2011 (WHS Act) imposes multiple safety duties on companies which are involved in transmission projects.
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May 9, 2024 | 
pinsentmasons.com | Ben McKinley |Adam Cain
In the case between New South Wales coal mine Helensburgh Pty Ltd and its dismissed employees, the Federal Court of Australia found that the dismissal of 22 employees was not a genuine redundancy because the dismissed employees could have been redeployed to roles that were being performed by contractors.
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Oct 15, 2023 | 
pinsentmasons.com | Ben McKinley
Workplace investigations are typically – and should be – reserved for serious matters, such as those involving: misconduct allegations of significant potential wrongdoing; potential health and safety issues such as bullying, sexual harassment or dangerous working methods; or behaviours or actions that may have serious disciplinary consequences such as dismissal or summary dismissal.
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Sep 21, 2023 | 
pinsentmasons.com | Ben McKinley
The decision – between Qantas Airways and Transport Workers Union of Australia (TWU) – confirms that protections under the Fair Work Act 2009 (Cth) (FW Act) extend to adverse action taken to prevent the exercise of a workplace right that might arise in the future – that is, a right that does not exist at the time the action is taken. On the face of it, this decision expands the scope of the adverse action regime, and therefore protections for employees.
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Aug 30, 2023 | 
pinsentmasons.com | Ben McKinley
It has long been accepted that overtime worked must be requested or required by the employer in order to attract an entitlement to overtime rates, on the basis that overtime comes at a greater cost to employers. The Federal Court of Australia recently held that 1,100 junior doctors were entitled to overtime for work that was authorised impliedly by their employer.
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Jun 1, 2023 | 
mondaq.com | Michael Selinger |Ben McKinley
Identifying risks of physical and psychosocial hazards in the
workplace is a responsibility faced by businesses. With state-based
laws enforced by local regulators, employers have a legal
obligation to provide a safe working environment for their staff. Such an environment has reputational benefits, reduces rates of
injury, and improves staff retention.
Unsafe practices, on the other hand, can come with significant
financial penalties for employers.
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May 31, 2023 | 
lexology.com | Michael Selinger |Ben McKinley
Identifying risks of physical and psychosocial hazards in the workplace is a responsibility faced by businesses. With state-based laws enforced by local regulators, employers have a legal obligation to provide a safe working environment for their staff. Such an environment has reputational benefits, reduces rates of injury, and improves staff retention. Unsafe practices, on the other hand, can come with significant financial penalties for employers.
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Mar 29, 2023 | 
lexology.com | Ben McKinley
No business employs staff with the intention of firing them or managing their underperformance in future. Realistically however, most businesses will have to manage underperformance at some time. Without the right approach, many employers leave themselves exposed to reputational damage, high staff turnover and loss. When dealing with underperformance or misconduct, employers must straddle the line between acting in its best interests and giving the employee fairness in the process.
