38 hours a week – with the overwhelming tide of flexibility, wage rises and work from home permeating in the workplace national employment standards make it clear that ordinary hours of work consist of only 38 hours per week. However, in many industries, salaried positions and for non-award covered employees the requirement to work “reasonable…

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Vicarious liability (responsibility of an employer for an employee’s actions) has been a concept many employers grapple with on a far too regular basis. A situation involving a drunken employee urinating on a colleague’s face begged the question of employer responsibility. The ever-changing principles of this concept have employers concerned at every company function, even…

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Dr. Scott Morrison (Not to be confused with the Australian Prime Minister) lodged an application for unfair dismissal with the Fair Work Commission (FWC) after his employer, Australian National University (ANU) terminated him from his position as Associate Professor in the Mathematical Sciences Institute. Circumstances of the Termination – the case of Scott Morrison v…

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The issue of workplace bullying has become a prevalent situation in workplaces of late especially those dealing with: Under resourced workforces Hard to manage or underperforming staff Lack of new staff coming in (or difficulty recruiting more) Losing key personnel and those in management roles Challenges around vaccination requirements and Government health orders Restrictions around…

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The Fair Work Commission Full Bench decision of Construction, Forestry, Mar­itime, Min­ing and Ener­gy Union & Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059 (BHP Case) saw BHP have their mandatory vaccination direction overturned by the Fair Work Commission.  It is a significant decision in regard to how COVID-19 vaccine policies and directions should…

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A 62 year old with 42 years of service with the City of Sydney Council challenged his dismissal which cost him (amongst other things) a $70,000 entitlement.  The Commission however found in favour of the Council citing the safety breaches had potential consequences for “catastrophic and avoidable” injuries. In Hamlin v City of Sydney Council [2021] NSWIRComm…

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A manufacturing factory worker with 37 years of exceptional service (with only 1 warning) engaging in misconduct would maybe expect to be given some slack by the Fair Work Commission. However, most if not all manufacturing workplaces will not and cannot accept behaviour and conduct that is: Aggressive Disrespectful Abusive words Lack of contrition or…

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