MANAGERS SAY “BAD LOOK”, PREGNANT AND WORKING IN A BAR

Kate Ausden Blog

The Managers of a Tavern, located in Far North Queensland, have been ordered to pay compensation and pecuniary penalties to an aggrieved employee. A pregnant employee, employed as a bottle shop attendant, was advised by her GP that she should not lift any items weighing more than 5kg.  The employee informed the employer that she: was pregnant; was unable to …

UNFAIR DISMISSAL: WHY CO WORKERS SHOULDN’T BE FACEBOOK FRIENDS

Kate Ausden Blog

An employee sacked for an angry Facebook rant about her employer managed to satisfy the Fair Work Commission that the dismissal was harsh. The employee: was employed by a security and monitoring company (“the Employer”); had been employed for 15 years; had not been the subject of any prior disciplinary outcome; had a depressive illness, caused by work, which was …

Ouch! The Capricious, Fanciful, Spiteful, Extraordinarily Heartless, Unconscionably Insensitive… Employer by Kate Ausden

Kate Ausden Blog

The Fair Work Commission oversees a myriad of complaints, claims, spurious accusations and convenient half-truths (or, as they are now known, ‘alternate facts’), but rarely is an employer singled out for its “capricious, fanciful and spiteful” behaviour. A chef working in a Sydney CBD ‘healthy’ style diner had been on sick leave and, in hospital undergoing cancer treatment for only …

Day Care Woes: Threatened Fisty Cuffs by Kate Ausden

Kate Ausden Blog

A recent case in the Fair Work Commission has shed some light on some of the risk factors facing small to medium employers. It is difficult for employers, with no internal HR or legal support, to be impartial and maintain appropriate records. The case involved two childcare workers, who had a heated exchange at a childcare centre, which was witnessed …

Employer Successfully Defends Adverse Action Claim by Kate Ausden

Kate Ausden Blog

An employee, who had been promised permanent residency by his employer (an Indian restaurant in Darwin), was dismissed for purported poor performance. But, the employee alleged otherwise. He alleged that he had been terminated for making a complaint about his hours of work, not for his poor performance. The employee made an adverse action application under the Fair Work Act …

Court Rejects Singaporean Employee’s Bid For Australian Redundancy Payment by Kate Ausden

Kate Ausden Blog

As more Australian based employers are employing people overseas, I am often asked whether those employees based overseas are entitled to Australian statutory benefits. An employee, who was employed in and resident of Singapore, has made a claim for statutory redundancy against his Australian based employer. Despite being paid in Australian dollars and receiving superannuation pursuant to Superannuation Guarantee (Administration) …