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Creative Compliance: Franchisees Working with the Fair Work Ombudsman
- 11 Oct 2019
Stephen Booth
Foodco have recently worked creatively with the Fair Work Ombudsman to achieve system wide compliance within its franchise network.
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Are employee claims always crystal clear? If not…what do you do?
- 24 Sep 2019
Shanni Zoeller
When an employee makes a claim against their employer, you should know exactly what the claim is, the evidence they intend to rely on and the remedy or outcome they seek. This article discusses what to do if these things aren’t clear, citing the case of Haque v Jabella Group.
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Are employers required to pay redundancy if the job is no longer required as a result of the “ordinary and customary turnover of labour”?
- 24 Sep 2019
Lisa Qiu
This article outlines how much redundancy an employer is obligated to pay and what exceptions there might be to paying redundancy when an employer terminates an employee's employment contract.
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Can an employee be sacked via text message?
- 24 Sep 2019
Shanni Zoeller
Can an employer ever sack an employee by text message or other digital means such as email? Recently The Fair Work Commission has shed some light on this issue with some recent decisions.
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Can employers legally collect and store employees’ sensitive data?
- 24 Sep 2019
Stephen Booth
Ever wondered if your employer is storing your personal data and information? A recent decision by the Fair Work Commission Full Bench has analysed closely whether employers can legally collect and store their employees’ data.
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New Appointments for Coleman Greig's Professional Team
- 13 Aug 2019
Warrick McLean
Coleman Greig Lawyers is pleased to announce the recent promotion of seven talented and highly deserving members of Coleman Greig’s professional staff.
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Old Enterprise Agreements and Class Actions: Danger! Danger! Warning Warning!
- 24 Jul 2019
Shanni Zoeller
Underpayments arising from misapplied or outdated enterprise agreements are a fertile field for class actions. If you identify a discrepancy in an employee’s wages you should immediately rectify it.
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CBD-Style Legal Services Now on the Doorstep for Campbelltown-Macarthur Residents
- 23 Jul 2019
Warrick McLean
Residents and businesses within the Campbelltown-Macarthur region now have access to a wider range of commercial and personal legal services, expertise and support following Coleman Greig Lawyers' opening of offices in the centrally-located Oran Park Podium.
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Australia's Immigration Policy: What can Australian Businesses Expect?
- 26 Jun 2019
Lisa Qiu
Australia's immigration intake was an unsurprisingly hot topic throughout the recent election campaign period, and now that Scott Morrison's Coalition government has emerged victorious, the Australian public has been left asking the question: "what should we expect Australia's immigration policy to look like?".
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Employment Law Changes for the 2019-20 New Financial Year
- 26 Jun 2019
Stephen Booth
We are about to step into a new financial year, which means that numerous reference points relevant to employment law will alter due to annual indexation and changes to the law.
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Offensive Language Within the Workplace: When Does it Cross the Line?
- 26 Jun 2019
Shanni Zoeller
An employee who swears will not always give an employer grounds for termination, although swearing coupled with the additional ingredients of intimidating, aggressive or threatening conduct or actions towards another employee may be a risk to the health and safety of that employee, or indeed constitute a breach of either workplace harassment policies or a code of conduct.
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Out of Work Employee Conduct vs Internal Codes of Conduct: The Cases of Israel Folau and Jack de Belin
- 26 Jun 2019
Stephen Booth
Recent cases involving Jack de Belin and Israel Folau have cast some interesting light on some of the issues that arise when an employer finds an employee engaging in out-of-work hours conduct that infringes on a code of conduct, and wants to enforce the code or policy.
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Have you got what it takes to manage an ill or injured worker?
- 25 Mar 2019
Shanni Zoeller
Employers managing ill or injured employees have many legal obligations imposed on them, ranging from those under the work health and safety, anti-discrimination and equal opportunity legislation, as well the Fair Work Act 2009 (Cth).
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Immigration and the NSW Election – what it means for business
- 25 Mar 2019
Lisa Qiu
The recent state election has brought with it an increased focus on immigration. While immigration is usually an area regulated by the Federal government, NSW Premier Gladys Berejiklian has made it a state issue by bringing to the forefront the impact that immigration could potentially have on NSW public infrastructure and housing prices.
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Key legal considerations to be aware of if you are thinking of making a position redundant
- 25 Mar 2019
Anna Ford
The term "redundancy" in an employment context refers to a situation when an employer no longer requires the role that the relevant employee(s) has/have been performing to be performed. The focus is the job, or the removal of the particular position from the company personnel structure, so it is important to keep in mind that it is quite possible for a redundancy to arise even in circumstances where the duties of a particular position are reallocated to other existing or remaining employees.
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Juggling Mental Illness and Performance Management
- 5 Dec 2018
Anna Ford
Dealing with an employee who is not performing to the standard required of someone in their position can be a complex situation, so when you throw into the mix knowledge that they may be suffering from a mental illness, an already difficult situation can become a whole new level of complicated!
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When is a ‘casual’ worker not actually classed as a casual?
- 5 Dec 2018
Stephen Booth
The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.
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How will the “Whistleblower Bill” affect Australian companies?
- 9 Nov 2018
If the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 is passed by the parliament, new legislation will see major amendments to the Corporations Act 2001, creating an expanded regime under which both public and large private corporations will be required to implement internal whistleblower policies.
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How Your Business can Protect Confidential Information From Departing Employees
- 18 Sep 2018
Dominic Russell
Employment relationships are just like any other relationship: the only certainty is that they will eventually come to an end. One unfortunate reality is that departing employees often pose the greatest risk to the future goodwill of a business, as they have had the opportunity to form relationships with the client base and supplier network.
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Unfair Dismissal and Technology: Terminated via Text, Email or Facebook Messenger
- 13 Sep 2018
Stephen Booth
Calling a meeting to inform an employee that their employment is being terminated is uncomfortable, so many employers are opting to use digital tools to communicate their decision instead. Unfair dismissal and technology have a growing correlation. Here are some implications to be aware of.
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Romance in the Workplace - Yay or nay?
- 7 Sep 2018
Anna Ford
Many workplaces have sexual harassment policies in place to protect their employees, but often do not know how to navigate consensual romantic relationships. Here’s why your organisation needs a Relationships in the Workplace Policy and what it should look like.
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Plain English Guide to Post-Employment Restraints of Trade & Protection of Confidential Information
- 19 Jul 2018
The unfortunate reality is that some of the biggest risks to the profitability of a business come from within. Through simply doing their jobs, employees gain access to their employer's confidential information and trade secrets, and unless properly restrained, can exploit that confidential information for their own benefit, and to the detriment of their former employer.
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New Financial Year Employment Law Update
- 3 Jul 2018
Stephen Booth
We're in a new financial year, which means many reference points relevant to employment law will alter, because of annual indexation and changes to the law. Read about some of the most important changes applying from 1 July, 2018.
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Keeping Up With Modern Awards
- 2 May 2018
Stephen Booth
The Fair Work Commission has deferred the second 4 yearly Awards review (previously scheduled to begin last January) until the current 4 yearly review is complete.
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Cyberbullying: An Employer’s Response Spot On
- 31 Jan 2018
Stephen Booth
In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.
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FWC Reinforces Importance of Consultation to “Genuine Redundancy”
- 31 Jan 2018
Stephen Booth
Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.
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Too Clever by Half: Don’t Quibble With the Cut Off Points for Drug Testing
- 31 Jan 2018
Stephen Booth
In a recent Fair Work Commission decision (Eather v Whitehaven Coal, Deputy President Sams, 1 January 2018), the FWC had no sympathy for an employee whose employment was terminated when he recorded 18mcg of cannabinoids, compared to the Australian Standard of 15mcg as the maximum allowable.
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Accountants in the Fair Work Ombudsman’s firing line
- 7 Dec 2017
Stephen Booth, Dominic Russell
As highlighted in a recent case involving Ezy Accounting, professional responsibility can present difficult choices, but not dealing properly with those choices presents serious risks.
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'It's my birthday and I'll drink if I want to.' Was the dismissal harsh?
- 1 Nov 2017
Stephen Booth
A recent case confirms that deliberate out-of-hours conduct, with the knowledge that it will impact on ability to work, can be a valid basis for termination however, employers need to be sure that prior warnings are relevant to provide a valid basis for termination.
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Liability for franchisors and holding companies
- 1 Nov 2017
Stephen Booth
The Federal Government’s Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 has now passed Parliament. Some of the legislation, dealing with payslips and record keeping, takes effect immediately.
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Robbery, but not under arms: did the safety policy apply?
- 1 Nov 2017
Stephen Booth
In the recent case of Mistry v Woolworths (Fair Work Commission, 2017), Mr Mistry made an unfair dismissal application when his employment was terminated, because when he was confronted by a would-be robber at a petrol station, he failed to follow a policy intended to protect the safety of employees and customers.
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Two of my employees are in a close personal relationship. Is it any of my business?
- 1 Nov 2017
Stephen Booth
Two recent situations involving Channel 7 and the AFL which gained a lot of media attention have raised the question of whether an employer can intervene in such a relationship, or even forbid personal relationships between employees.
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Prepare now for the Fair Work Amendment (Protecting Vulnerable Workers) Bill
- 10 Jul 2017
Peter Stewart
Proposed legislation for the Bill has passed the House of Representatives and is now being considered in the Senate so now is the time to prepare your franchise.
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New Financial Year Employment Law Update
- 3 Jul 2017
Stephen Booth
We’re in a new financial year, which means many reference points relevant to employment law will alter. Here are some of the most important changes applying from 1 July, 2017.
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Can a director be bullied?
- 19 Jun 2017
Stephen Booth
Two recent cases have provided a reminder of the broad scope of the anti-bullying jurisdiction of the Fair Work Commission (FWC), as it applies to directors.
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Do you include the time that an employee worked as a casual, when calculating redundancy pay?
- 19 Jun 2017
Stephen Booth
The amount of redundancy pay an employer is required to pay to an employee depends on that employee’s period of “continuous service” with the employer. Does the period of casual service count as “continuous service”?
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Engaging With The Fair Work Ombudsman
- 19 Jun 2017
Dominic Russell
The Fair Work Ombudsman (FWO) has, over the last couple of years, developed a reputation as being more than just an industrial watchdog, but a cop on the beat. Here are some key lessons you need to know to minimise your risk from a FWO audit.
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Protecting Your Business on Social Media
- 19 Jun 2017
It’s always risky business to engage in social commentary about political matters or trending topics for the obvious reason that it can turn really bad, really quickly. Minimise your risk with a social media policy and brand protection.
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Plain English Guide on What to do When the Union Comes Knocking
- 29 May 2017
When can a union enter your workplace? Union officials (who hold a current right of entry permit) can enter your workplace for three specific reasons.
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Changes to the 457 visa scheme
- 8 May 2017
Lisa Qiu
Until March 2018, employers can still sponsor overseas workers on a 457 visa. However, as of April 2017, the occupations available for sponsorship have been condensed from 651 to 435 occupations. 216 occupations have been removed from the list and access to 59 other occupations has been restricted.
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Coleman Greig joins international network of law firms
- 8 May 2017
Caroline Hutchinson, Peter Stewart
Coleman Greig is excited to announce that we have become the only Australian law firm to become a member of First Law International (FLI), a global network of over 75 independent full-service, high quality law firms.
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Fair Work Ombudsman gunning for accountants and financial advisers
- 11 Apr 2017
Stephen Booth
The Fair Work Ombudsman is running proceedings regarding employee underpayment against an employer’s accountant, Ezy Accounting 123 Pty Ltd.
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Franchisors, it’s not worth waiting…act now to meet your workplace obligations
- 5 Apr 2017
Peter Stewart
As a franchisor, whatever the size of your franchise system, it is important that you minimise the risk to your brand by taking practical steps to help your franchisees understand and meet their obligations.
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New laws for franchisors: encouraging Fair Work Act and award compliance
- 5 Apr 2017
Stephen Booth
The Federal Government is proposing legislation to attack issues of underpayment and employment law compliance at a higher level, by making the franchisor liable for the sins of the franchisee in some circumstances.
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Employment and immigration – the do’s and don’ts of hiring employees on visas
- 16 Mar 2017
Lisa Qiu
Managing HR related issues or employment law issues can often be challenging, and when you throw in the fact that the employee is on a visa, things can get even more complicated. So what are the some of the do’s and don’ts when it comes to hiring employees on visas?
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The black economy: not p(l)aying by the rules
- 16 Mar 2017
Stephen Booth
Unpaid work experience can be legitimate but when does it cross the line into exploitation?
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What to do when the union comes knocking – a handy reference guide with all the basic information you need to know, at a glance!
- 16 Mar 2017
Anna Ford
Union officials (who hold a current right of entry permit) can enter your workplace for three specific reasons. Understanding your rights and obligations is vital for avoiding penalties and unnecessarily provoking union hostility.
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Personal Liability of HR Managers – Accessories under the Fair Work Act?
- 22 Nov 2016
Stephen Booth
The Fair Work Ombudsman is looking beyond traditional defendants in cases dealing with underpayments or sham contracting, directly targeting responsible people in the employer’s organisation, and external parties knowingly involved in infringements.
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Reasonable notice – could your employees make such a claim on termination?
- 22 Nov 2016
Anna Ford
In circumstances where the terms of an employment contract don’t specify a notice period on termination, or where an employee has an employment contract that is out of date, an employee may be able to claim that is an implied term in their employment that they are due “reasonable notice” on termination.
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What is a “457 visa” and what is the process for obtaining one?
- 22 Nov 2016
Lisa Qiu
The terms “working visa” and “457 visas” are well known but unsurprisingly, unless you have undergone the process yourself as an employer or migrant employee, very few understand the processes required to obtain such visas.
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10 things you need to know about discrimination in the workplace
- 24 Aug 2016
Lisa Qiu
Discrimination in the workplace is one of the most common areas of public life that people lodge formal discrimination complaints about. Here are 10 things you need to know about discrimination in the workplace.
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An injured employee - conflicting medical reports on capacity - can you terminate employment?
- 24 Aug 2016
Anna Ford
The Full Bench of the Fair Work Commission recently dealt with this situation in the case of Lion Dairy and Drinks Milk Ltd v Peter Norman.
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Chucking a sickie, and major sporting events
- 24 Aug 2016
Stephen Booth
Have you ever thrown a sickie for a grand final? You’re far from alone. With the average Australian’s passion for sport, major sporting events can provide you with significant temptation to “chuck a sickie.”
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Four lessons employers need to know about terminating an employee’s employment over personal social media posts
- 9 Jun 2016
Lisa Qiu
Social media blurs the boundaries between public and private. Here’s what you need to know about terminating an employee’s employment over something they’ve posted on their own social media.
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ANZ culture shock: What to do when employees run wild
- 2 Mar 2016
Stephen Booth, Lisa Qiu
Two former ANZ traders have sued the ANZ bank as a result of their employment having been terminated by the bank. This case raises an interesting issue: what happens when an employer condones and tolerates inappropriate behaviour?
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Immigration Law: Recap on 457 visa sponsorship obligations
- 2 Mar 2016
Stephen Booth, Lisa Qiu
On 20 May 2015, the Federal Court of Australia handed down the largest ever court imposed fine for breaching subclass 457 visa sponsorship obligations. Here’s a recap of what those obligations.
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When employees go rogue: How to protect your confidential information and intellectual property
- 2 Mar 2016
Stephen Booth, Lisa Qiu
In January, Justice Bromberg of the Federal Court of Australia, handed down a judgment following an urgent application by BlueScope Steel to stop a disgruntled former employee, from leaking confidential information and intellectual property, to competitors.
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When mistakes become personal – Personal liability as an HR Manager
- 2 Mar 2016
Stephen Booth, Lisa Qiu
Itfs not just Directors who can be held personally liable when something goes wrong. Managers who are directly involved in an infringement can also experience the same fate.
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Reasonable management action: What is “reasonable”?
- 25 Nov 2015
Stephen Booth
The concept of “reasonable management action” arises both in relation to workers compensation claims for psychological injury (including claims concerning stress and anxiety), and in relation to bullying claims in the Fair Work Commission. Reasonable management action, carried out in a reasonable manner, may be a defence to these claims. What is reasonable will vary depending on the circumstances. Click to read some examples.
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Plain English Guide to Employee or Contractor
- 1 Jul 2015
Sometimes a person engaged as a contractor may in law be an employee. The line that divides employees from contractors is grey and shifting. Application of Awards and unjust dismissal laws, pay and leave entitlements, and tax and insurance issues all depend on which status applies. This Plain English Guide answers some of the commonly asked questions about defining the relationship of employee vs. contractor.
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Plain English Guide to Employment Contracts and Employment Policies
- 1 Jul 2015
It is important to get the employment relationship right from the outset by clearly communicating to new employees the requirements of their job and the culture, practices and policies affecting the workplace.
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Plain English Guide to Modern Awards, Enterprise Agreements and Employment Contracts
- 1 Jul 2015
An award is a standard of minimum industrial terms and conditions applying to specific groups of employees. Whether your employees are covered by an award depends on whether they fit into the occupations covered by an award.
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Plain English Guide to Sponsoring Skilled Staff from Overseas
- 1 Jul 2015
If your business is having difficulty recruiting skilled staff from within the Australian labour market, you may wish to consider sponsoring suitably qualified and experienced staff from overseas.
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Plain English Guide to Termination of Employment: Dismissal & Redundancy
- 1 Jul 2015
Termination of employment is a serious step to take because of the cost of business disruption and the potential cost of an unfair dismissal claim or other litigation. Managing employment termination involves understanding and managing the risks. What are the legal risks from termination of employment?
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Unlawful Discrimination – some misconceptions about discrimination in employment
- 23 Mar 2015
Stephen Booth
In this article we look at discrimination in practical terms and define what 'unlawful discrimination' really means.
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Defining the limits of “bullying” in the Fair Work Commission
- 24 Feb 2015
Stephen Booth
Even though there have been very few anti-bullying orders made over the last 12 months since the commencement of the FWC's anti-bullying jurisdiction, a claim is still a potential headache for an employer.
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Enquiries, reviews and reports
- 24 Feb 2015
Stephen Booth
The employment law and industrial relations system is undergoing two major reviews at present.
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The boundaries of adverse action
- 24 Feb 2015
Stephen Booth
“Adverse action” or “general protections” claims under the Fair Work Act can be tricky to understand and to contest.
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Redundancy and
- 17 Oct 2013
A recent case before the Fair Work Commission dealt with the issue of redundancy and suitable alternative employment. In Szanto v ISS Facility Services Pty Ltd the FWC clarified the application of sections 119 and 120 of the Fair Work Act 2009 in deciding whether a redundancy payment should be made.