Ignorance of the law is no excuse

The Federal Circuit Court has sent a strong message to employers who are underpaying their employees and claiming they were unsure of the legal minimum rates.    Judge Heather Riley ordered a fine of over $70,000 against a hairdressing salon and its directors for underpaying an apprentice over $8,000 in wages. The directors of the company repeatedly claimed they were misled and unaware of the minimum wages and entitlements they were required to pay. Employers have a responsibility to know their obligations and pay employees...

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Is it just me…or am I being bullied in the workplace?

Is someone at work making you feel harassed, humiliated or intimidated? You might not be able to explain the experience, but you may be the victim of workplace bullying. It is often difficult to determine when it began, and it can be even more difficult to explain exactly how it happens, but workplace bullying has a real impact on its victims.    Victims of workplace bullying are often uncomfortable reporting such behavior because they feel they can’t explain the nature of their complaint properly or lack the requisite...

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Employees: be clear on what you’re applying for

When employees are dismissed they are sometimes faced with a choice of which type of claim applies to their circumstances for seeking a remedy under the Fair Work Act. Have they been dismissed unfairly so as to be able to apply under Part 3-2 of the Act? Have they been dismissed in contravention of their general protections so as to be able to apply under Part 3-1? The choice is important. While section 586 of the Act allows corrections or amendments to be made to applications, the Full Bench of the Fair Work Commission has decided that...

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Federal Court Case: Chef comes to grief over schnitzels

In a recent decision of the Federal Circuit Court a chef has been ordered to pay his former employer, a Hotel in North Wollongong, $72,838 for breach of his contractual duty to act with fidelity and good faith. The Chef purchased schnitzels from his wife’s business and charged his employer one dollar more than the he paid for them. The Chef originally sued his employer for an unpaid bonus and leave. The Hotel counter claimed for its losses due to the conduct of the Chef in acting in conflict with his obligations to his employer. Wisely...

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Employment Contracts: If it's not written it may not be in

MAJOR HIGH COURT DECISION ON EMPLOYMENT CONTRACTS IF IT’S NOT WRITTEN IT MAY NOT BE IN. Contracts of employment can be oral, written, implied by law or be a combination of all three. A written employment contract does not necessarily contain all the terms that govern the employment relationship as some terms may be implied by law.  The law that implies them can be either legislation or law that has developed through court decisions, which is known as common law. An example of a term that could be implied by legislation is...

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