News Feed
'Early mark' proves costly for unlawful strikers
The Fair Work Building Inspectorate (the Regulator) commenced proceedings against 22 employees for engaging in unlawful industrial action while their enterprise agreements were in force contrary to the Fair Work Act 2009 (the Act). The Federal Court found in favour of the Regulator and imposed a $1,000 penalty on each employee. Background Hansen Yuncken and Leighton Contractors (the Joint Employers) entered into a joint venture for the construction of the new Royal Adelaide Hospital (the Worksite). The Joint Employers had in place separate enterprise agreements covering their respective employees at the Worksite. Employees of the Joint Employers commenced work at the Worksite between 5.00am and 7.00am on the day in question. Around 8.00am, works being conducted offsite by SA Water created a decrease in water pressure at the Worksite which affected the showers, hand basins and latrines in the Amenities area and made the toilets difficult to flush. Hand basins and toilets...
4 May 2015Employees given ammunition to challenge redundancy
A recent decision of the Full Bench of the Fair Work Commission (the Commission) confirms that when considering if a redundancy was a genuine redundancy, the Commission may make an order requiring an employer to produce documents evidencing that there were no redeployment opportunities with the employer or an associated entity of the employer. Background Six employees lodged unfair dismissal claims following the termination of their employment for reasons of redundancy from Clermont Coal Operations Pty Ltd (Clermont). The employees through the union, challenged the dismissals on the basis they were not genuine redundancies under the Fair Work Act 2009 (Cth) (the Act), as it was reasonable in all the circumstances to redeploy the employees within Clermont or an associated entity of Clermont, where contractors or the employees of contractors worked. The union sought orders that Clermont and a number of its associated entities produce documents relati...
1 May 2015Decision sends warning to employees pursuing unmeritorious claims
The Federal Circuit Court recently made a costs order to the total of $150,000 (including indemnity costs), against an ex-employee who pursued an unmeritorious discrimination claim against her employer. Background The employee was engaged as a full time software engineer for IBM Australia Limited (IBM). In July 2008, the employee commenced maternity leave, following which she returned to work. It was agreed with IBM, that the employee would work part time, 20 hours week from home on a flexible basis. In about March 2010, IBM became concerned with a decline in the employee's work performance and productivity. It also became apparent that the employee needed to "skill up" to meet a change in direction of the project she was involved in. Over subsequent months, the employee's performance failed to improve and eventually in March 2014, her employment was terminated due to poor performance. The employee co...
1 May 2015