Directors’ Liability for Underpayment

Directors’ Liability for Underpayment

In Fair Work Ombudsman v Konsulteq Pty Ltd [2015] FCCA 182, Judge Riethmuller ordered two companies and their sole director to pay $200,000 in penalties and compensation for the consistent failure of the companies to comply with the Fair Work Act 2009, including...
Working with Children and Disqualified Persons

Working with Children and Disqualified Persons

Dismissing disqualified persons under the Child Protection (Working with Children) Act 2012 (NSW) – guidance from the Fair Work Commission In O’Connell v Catholic Education Office, Archdiocese of Sydney [2016] FWCFB 1752, the Full Bench of the Fair Work...
Social Media Comments and Workplace Misconduct

Social Media Comments and Workplace Misconduct

In Starr v Department of Human Services [2016] FWC 1460, Vice President Hatcher provided some commentary on the circumstances in which employers are entitled to dismiss employees for conduct that they engage in outside of work hours. The facts Mr Starr was a...
Summary Termination for Workplace Misconduct

Summary Termination for Workplace Misconduct

In Bartlett v Australia & New Zealand Banking Group Ltd [2016] NSWCA 30, the New South Wales Court of Appeal found that an employee had failed to prove that the employee had actually breached his employment contract prior to summarily terminating his employment....
How to manage long-term sick leave

How to manage long-term sick leave

The Federal Circuit Court’s decision in Collison v Brighton Road Enterprises Pty Ltd [2016] FCCA 186 (‘Collison’s Case’) is a reminder that employers must tread carefully when dealing with employees who are on sick leave, or who are returning from sick leave....