Reflections on the diverse and inclusive workplace

The former Sex Discrimination Commissioner Ms Elizabeth Broderick recently commented on diversity and inclusion in the workplace at a conference held by the Australian Human Resources Institute. Here are some of the things she emphasised: If employees are to embrace change to make the workplace more diverse and inclusive then their employers need to lead the way. She urged the creation of safe spaces where employees could share...

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But do I HAVE to (make redundancy payments)?

Sing it with me, Bob Dylan: the times they are a changin’. For one reason or another, your business is undergoing significant operational changes and you need to make some of your workforce redundant. So, who do you make redundant, how do you do it properly and, most importantly, what do you have to pay them? Who you make redundant will depend on the reasons for the redundancy, as well as the size of your business and the nature...

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Overworked and Underpaid: The reality behind George Calombaris’ Greek tragedy

  In a brilliant piece of spin worthy of an election campaign, George Calombaris openly admitted to underpaying past and present employees over $2.9 million – and has maintained his positive public image.   From the papers to The Project, the popular Masterchef appeared everywhere, apologised for profiting from his workers and continued to accept bookings at his numerous Greek restaurants across Melbourne.   You would...

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Not only the hair was short but the pay was too

A chain of Melbourne based hairdressing salons has been obliged to enter into an enforceable undertaking with the Fair Work Ombudsman to avoid prosecution after the agency uncovered widespread underpayment of employees. In mid-2016 two former employees approached the FWO claiming that they had not been paid accrued annual leave on termination of employment. One of the employees also alleged that penalty rates had not been paid for work on Sundays and public holidays. The investigation the FWO conducted found that numerous employees had...

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Unfair Dismissals and Penalties

The vast majority of applications for unfair dismissals are discontinued. Generally, this means that employers and employees have reached agreement so that a formal decision or order of the Fair Work Commission is not required. Where negotiation does not result in resolution, any order for reinstatement or the payment of compensation made by the Commission can have further consequences for an employer if it is not obeyed. If you are an employer and ordered to pay $2,200 as compensation for a dismissal found to be unfair, you...

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Annualised salary and award covered employees

An employer which offers employees contracts with annualised salaries to compensate for all entitlements to which they are entitled under an applicable award needs to beware. The applicable award may provide that an employer must state in writing which provisions of the award will be satisfied by the payment of the annualised salary. If the employment contract does not state what entitlements are covered, an employer may find itself facing...

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Dirty talk costs a career

  A police officer who was dismissed for serious misconduct for breaches of the New South Wales Police Force Harassment, Discrimination and Bullying Policy and Guidelines has failed in his attempt to have his employment reinstated: Torres v Commissioner of Police. Serious misconduct was constituted mostly by Mr Torres asking junior colleagues personal and intrusive questions about sexual activity. Mr Torres had an impressive...

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