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When “Internships” can be Expensive for Employers

In 2013, the Fair Work Ombudsman commissioned a report on the subject of unpaid work in Australia, as there is growing concern about the application of unpaid internships / work experience placements within Australian businesses.  The FWO has recently completed its first of what I suspect may be many prosecutions of businesses who fail to Continue Reading...

Drunk the morning after……………..misconduct or gross misconduct?

In a recent legal case decision just prior to Christmas, a state manager from an insurance company had been sacked for arriving drunk at a staff training conference, the morning after a work-related function.  The NSW District Court judge accepted the employee had smelt of alcohol, spoke loudly, lacked seriousness, threw a lolly and made Continue Reading...

Another example of the many cases relating to “Sham Contracting”

In another case example from the many that go through Fair Work relating to sham contracting, this week a building company will now face civil penalties and a possible compensation order for dismissing a construction worker so that they could re-employ her as an independent contractor. The judge rejected company evidence that the excavator operator Continue Reading...

Myer’s Recent HR Mess and Lessons for Employers

I think many HR practitioners around the country took interest into the story that broke recently, about the newly appointed Myer executive who was terminated on his first day.  Andrew Flanagan had been appointed to the position of Group General Manager for Strategy & Business Development with Myer.  In simple terms, it appears that Mr Continue Reading...

What is “Reasonable Management Action” under the new bullying jurisdiction?

In a recent ruling by the Fair Work Commission under the new bullying jurisdiction, our industrial umpire has provided a little more guidance for employers on the definition of what is considered to be “reasonable management action”.  Management actions do not need to be perfect or ideal to be considered reasonable; A course of action Continue Reading...
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