Legal Updates

Workplace Relations

Commission proposes casual conversion in 85 modern awards

On 5 July 2017, the Fair Work Commission (Commission) handed down its long-awaited decision on casual and part-time employment as part of its four yearly review of modern awards. In its decision, the Commission considered submissions by the Australian Council of Trade Unions who sought the introduction of a model casual conversion clause into 88…

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Offensive email to clients is definitely a bad career move!

In the case of Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty [2017] FWC 1838, the Fair Work Commission affirmed the importance of trust and confidence in the employment relationship and that sending offensive emails to clients will end the employment relationship. In this case, Georgia Sologinkin was employed as Key Accounts Manager of…

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The power of ‘mitigating factors’ in rendering a dismissal ‘harsh’

The case of Goodall v Mt Arthur Coal Pty Ltd [2016] FWC 4129 serves as a clear reminder for all employers to enforce their workplace policies consistently. In this case, a mining truck operator won reinstatement after his dismissal from BHP Billiton’s Hunter Valley coal mine (‘Company’) for: excessive use of the mine’s radio channel…

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Don’t be too casual about employee entitlements

In the decision of Skene v Workpac Pty Ltd [2016] FCCA 3035, the Federal Circuit Court found that an employee, engaged as a casual worker and paid a casual loading, was also entitled to annual leave under the Fair Work Act 2009 (Cth) (Act). Background In this case, Mr Skene worked for Workpac Pty Ltd…

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