In this month’s edition of Conversations we look at: What a business should do to protect itself against sudden leadership departures; Managing flexible work requests and arrangements; The dangers of unpaid and under-paid employment; and Why one employer entered into a compliance deed to avoid potential worker exploitation. We then discuss the use of statutory declarations and the fallout of providing false statutory declarations & more.
In this month’s edition of Conversations we look at:
What a business should do to protect itself against sudden leadership departures.
Managing flexible work requests and arrangements.
The dangers of unpaid and under-paid employment.
Why one employer entered into a compliance deed to avoid potential worker exploitation.
We then discuss the use of statutory declarations and the fallout of providing false statutory declarations.
Workplace bullying remains a hot topic in 2017. This month we consider what bullying actually is, we look at the increased involvement of WHS regulators, and in Let Me Restart we analyse an interesting case where the FWC made orders against both the employer and the applicant employee.
Finally, with the silly season in full swing it is a great opportunity for another listen, or for those of you who missed it last year – a first listen, to our Managing Director Athena Koelmeyer’s interview on ABC Radio National about what employers can learn from recent festive season silliness!
We hope you enjoy this edition of Conversations and that it sparks some interesting discussions over tea and Christmas cake at your workplace.
The timing of the sudden resignation of the head coach of the Western Sydney Wanderers prior to the start of the A-league season was a shock to many. We take a look at the scenario in a corporate context and discuss how your business can prepare for unexpected high level management departures.
Flexibility seems to be on top of most employees’ wish list so where does your business stand when it comes to approving requests for flexible working arrangements? We list the arrangements provided by the Fair Work Act and what employers should consider when introducing flexibility in the workplace.
What active steps can businesses take to ensure they are taking reasonable, proactive measures to avoid worker exploitation in the supply chain? We pinpoint some guidelines following on from one company’s compliance deed.
The Full Bench of the Fair Work Commission recently quashed a decision to approve an Enterprise Agreement based on a false statutory declaration and referred the matter to the AFP for investigation. We discuss what a statutory declaration is and why they should not be signed without careful consideration.
In its first ever underpayment prosecution relying on the race discrimination provisions of the Fair Work Act 2009 (Cth) the Fair Work Ombudsman has successfully established that two vulnerable employees were underpaid because of their race and/or national extraction. We take a closer look at the case and the employers obligations.
In many cases involving bullying allegations there are aspects of poor behaviour on both or many sides. We take a look at a recent case where the Fair Work Commission made orders against both the applicant and her employer.
We are used to the Fair Work Commission dealing with bullying allegations in the workplace but a recent case highlights the enforcement powers of work health and safety regulators where there has been a breach of the WHS laws arising from bullying behaviour.
It’s true that many safety breaches in the workplace are the result of momentary lapses in judgement, however employees who are recklessly indifferent to their health and safety obligations will not always be saved by arguing this point as illustrated in a recent case.
If there is a particular topic you would like covered we would love to hear from you so please email us at firstname.lastname@example.org.
Congratulations to Sydney FC on winning the FFA Cup!
To hold all three major football trophies at the same time is a great reward for all the Sydney FC players and coaches who are always striving to be better by maintaining successful habits.
Need a laugh...
Q: Who is never hungry on Thanksgiving? A: The turkey – because he's already stuffed!
Should you require any further information or assistance, please contact our Director Shane Koelmeyer on (02) 9256 7500 or via email on email@example.com.
Information provided in this update is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this update, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.
In order to access the unfair dismissal jurisdiction, an employee must be “dismissed” from their employment by the employer. One of the instances in which an employee may be “dismissed” from their employment is if they were forced to resign because of the employer’s conduct or course of conduct.
Under the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), it is unlawful for a person to take adverse action against another person for a proscribed reason. One of the features of the general protections provisions under the FW Act is the presumption that adverse action was taken for a proscribed reason unless it is proven that the adverse action was not taken for that reason.