Coffey
Projects (Australia) recently learned the hard way that there are serious
consequences with providing employees incorrect information in relation to
their workplace rights and entitlements.
Despite
employing a Human Resources manager, Coffey Projects relied on outdated
policies that did not reflect amendments to the Fair Work Act 2009 (Cth)
and provided an employee with incorrect information about his parental leave
entitlements.
The
outdated policy incorrectly stated that parental leave was...
Thursday, 17 September 2015
The Standard Employment Contract: A Cautionary Tale
It really is a case of ‘buyer beware’ with
many business owners downloading or buying standard employment contracts and
templates online in an effort to save time and money.
Small businesses with limited human resources
training are turning to Google and other search engines instead of an
employment lawyer.
Unfortunately, these standard templates are
often outdated and in contravention of the Fair Work Act 2009 (Cth).
Some documents offer less benefits than the
employee is entitled to receive and...
Did you know that as an employer, you can be held responsible for your workers even when they are not working?
The Fair Work Commission recently heard a
case in which three employees sought an order to stop bullying at their
workplace. Their employer, DP World Maritime Limited, sought to strike out
their application on the basis that the bullying behaviour took place when the
employees were not ‘at work’.
Numerous employees had engaged in telephone
calls and Facebook messages concerning their colleagues’ union memberships and
made derogatory comments to and about them. These exchanges took place both
during and outside of office hours...
When does a workplace entitlement becomes a contractual right?
An
employer who failed to follow its own workplace policies has been successfully
sued for breach of contract in the Full Court of the Federal Court.
The applicant in this case was a second
officer on a supply ship and employed by the respondent, Farstadt Shipping
(Indian Pacific) Pty Ltd.
Like most employers, the respondent had a
Workplace Harassment and Discrimination Policy in place which set out the
procedure for dealing with complaints. When the applicant made a complaint of
sexual discrimination,...
Pitfalls of lack of process
Earlier this year, two cases heard in the
Fair Work Commission demonstrated what can occur when proper process is not
followed relating to termination of employment
In Lyberopoulos v Reidwell Investments BT
Pty Ltd T/A Coco Cubano Blacktown [2015]
FWC 4256, the employee was employed for less than seven months before
she was summarily dismissed.
The employer claimed she failed to comply
with their procedures and did not follow directions. The parties contested the
facts of the case and Senior Deputy President...
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