Retailers to the Senate – “Stop moving the goalposts on penalty rates”

The National Retail Association has demanded the Senate stop moving the goalposts on employment, saying constant threats of disruption to Fair Work arrangements were a massive disincentive to employment. The Senate is scheduled to vote this week on Labor Party amendments which would knobble the independent umpire Labor set up to management workplace relations under […]

Penalised for the best of intentions

Protect yourself from costly mistakes by getting professional advice By Alex Millman and Justine Ansell, NRA Legal A mistake in handling an employee’s redundancy around the same time as the commencement of her maternity leave has cost an employer $57,842.99 in compensation and penalties. The court found that had the manager consulted with the company’s […]

Controversial conversation in a cafe

By Alex Millman and Troy Wild, NRA Legal A café supervisor who was dismissed for calling his manager a ‘racist b****’ has been awarded a to-be-determined amount of compensation by the Fair Work Commission. The case highlights how the particular circumstances in which an action was taken can drastically change the outcome. Coffey v QBar […]

Woolworths wins appeal over hazardous grape

Written by Sid Sidhu, NRA Legal A Sydney woman, who was awarded $151,000 in compensation after slipping on a grape in her local Woolworths, has lost her case on appeal and been ordered to pay the supermarket’s legal costs. First Instance At first instance, Justice Maiden SC of the District Court of NSW, found that […]

Discrimination still a major player in organisations

Australia Post was ordered to pay $40,000 in compensation for a colleague racially discriminating against a worker. However, claims for aggravated damages and exemplary damages were rejected. A postal delivery driver for Australia Post was subjected to racial teasing by being called “a black bastard”, a “[email protected]#*ing black bastard” and being told to “go home” […]

Unfair Domestic Violence Dismissal – Courts reject employer’s appeal

In a recent application for judicial review, the Federal Circuit Court of Australia dismissed Eliana Construction and Developing Group Pty Ltd.’s application stating that they had no basis for unfairly dismissing an employee who had suffered domestic violence by her partner, who was also employed at the same company. The company’s reason for dismissing the […]

Stress Mindset and Leadership Masterclass 2016

Is your brain running out of steam? Workplace stress is now one of the highest costs for worker’s compensation claims in Australia. Mental stress may be a standard feature of our busy lives but it comes at a cost. Safe Work Australia estimates the loss of productivity and absence of workers due to stress in the workplace is costing Australian […]

Performance meeting ends worker’s comp claim

Lim v Comcare [2016] FCA 709 A worker has attempted to appeal an Administrative Appeals Tribunal decision to dismiss her worker’s compensation claim. The claim had been refused on the basis that her psychiatric injury was partly caused by a poor performance review. The Tribunal found that worker’s injury was excluded from worker’s compensation by […]