FWO crack down on pregnancy discrimination continues

Continuing the campaign against the high prevalence of pregnancy/return to work discrimination, the Fair Work Ombudsman (FWO) announced in a media release this week that it has taken up the fight against a Perth gourmet food distribution company. Federal Court proceedings have been initiated by the FWO seeking penalties against the company and a director/part owner for contravention of workplace laws including the National Employment Standards (NES) and discrimination. Compensation to the employee for both economic and non-economic loss is also being sought. The serious allegations by the FWO include: · taking unwarranted performance-management action against the employee after she fel

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Are you an excellent 2-4 year PQE litigation and insolvency lawyer who is interested in joining our commercial firm based in the Sydney CBD? Want to know more about us? We have clients across many industries, ranging in size from start-ups to ASX listed companies, so you will enjoy a varied and challenging work environment. We are driven to achieve great results for our clients. We are also driven to create the best workplace culture at our firm. We provide an agile work environment, so our lawyers can take control of their work/life balance. At Henry William we take the time to teach and nurture our team, with a focus on training and development to ensure your career progression. Our ideal

Penalty Rates Case – Upcoming Changes

On Thursday 23 February 2017, the Fair Work Commission (FWC) handed down its long-awaited decision on penalty rates (Penalty Rates Case) which will bring changes to the retail and hospitality industries as early as March 2017. This article sets out the key changes and dates as currently proposed by the FWC. Modern Awards The Penalty Rates Case was conducted as part of the FWC’s 4 yearly review of modern awards. The Modern Awards dealt with in the Penalty Rates Case were: • Fast Food Industry Award 2010 (Fast Food Award); • General Retail Industry Award 2010 (Retail Award); • Hospitality Industry (General) Award 2010 (Hospitality Award); • Pharmacy Industry Award 2010 (Pharmacy Award); • Regi

"Sensible" dismissal process a lesson for all employers

An organisation's "sensible" dismissal of a long-serving employee who breached its drug and alcohol policy serves as a lesson for all employers, according to a workplace lawyer. In August 2016, the Viterra Operations Pty Ltd electrician underwent a random alcohol breath test at the start of his shift, returning a reading of 0.043. The employer's alcohol and other drugs policy limited its blood alcohol tolerance to 0.02, and it stood the employee down with pay pending an investigation. During meetings with the employer, the employee produced test results from his own doctor, which showed a 0.03 reading, as well as evidence that his metabolic rate was lower than the statistical average, potent

NSW Court of Appeal Weighs in on Liquidator Remuneration

On 9 March 2017, in Sanderson as Liquidator of Sakr Nominees Pty Ltd (in liquidation) v Sakr [2017] NSWCA 38, the NSW Court of Appeal delivered an important judgment on the controversial issue of the fixing remuneration of Liquidators. A line of recent decisions in the Supreme Court of NSW on point have been decided by reference to the ad valorem methodology, where this methodology left Liquidators short-changed having regard to their time costs. Such decisions focused heavily, or exclusively, on the proportionality between the remuneration claimed and the value of assets realised. A concern for insolvency industry participants arising out of the recent decisions of the Supreme Court of NSW

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