Being bullied at work? The Fair Work Commission is here to help (but read the fine print)

From 1 January 2014 bullied workers may be able to apply to the Fair Work Commission for an order for the bullying to stop.  Changes to the Fair Work Act 2009 enacted by the previous Labor government and kept in place by the current coalition government (in a rare example of bipartisan support on an issue) are designed to cover not only employees but contractors, subcontractors, volunteers and even work experience students. Everyone within...

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Sexuality, gender identity, de facto relationships - now protected by the Fair Work Act

1.            Background Since coming into operation on 1 July 2009, the Fair Work Act has protected employees (including potential employees) from discrimination based on various attributes. Section 351 sets out the attributes, which include race, colour and marital status. This provision prevents employers from taking “adverse action” against employees based on these...

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Amendments to the Fair Work Act

Important changes came into effect from 1 January 2013 in relation to the Fair Work Act.  These changes include the renaming of Fair Work Australia as Fair Work Commission (“the Commission”).  Other changes include the following: Unfair Dismissal The time limit for lodging unfair dismissal applications increased from 14 to 21 days, for dismissals occurring from 1 January 2013.   Also the Commission has been given additional...

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Unfair dismissal and the Virgin Airlines case

A recent decision of the Fair Work Commission serves as a warning to all employers concerning the need to act fairly and the need to have a valid reason if an employer is contemplating a dismissal. In a July 2013 decision of the full bench of the Fair Work Commission in Virgin Airlines v David Taleski  the Commission upheld a decision of Commissioner Cribb to reinstate a flight attendant.  Mr Taleski was dismissed by Virgin Airlines...

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Leave loading payable when employment ends

If your employees are entitled to leave loading when taking paid annual leave, that loading may be payable on termination if employees have untaken annual leave. The minimum entitlement to annual leave is set out in the National Employment Standards of the Fair Work Act 2009.  They provide for leave to be paid at base rates of pay.  Section 90(1) of the Fair Work Act states: If, in accordance with this Division, an employee...

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Pornography in the workplace - is this ground for automatic dismissal?

A full bench of the Fair Work Commission has recently found that three employees of Australia Post were unfairly dismissed even though it was proven that the workers had breached policies in relation to discrimination, harassment and the use of IT to access and share pornography. The decision has surprised employers who had thought that if an employee breached a strict no dissemination of pornography policy that would be grounds to justify...

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