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The new anti-bullying jurisdiction - first quarter results
The Fair Work Commission (the Commission) has released its first quarterly report on its new anti-bullying jurisdiction which includes interesting statistical information. For the period 1 January 2014 to 31 March 2014, the Commission received a total of 151 anti-bullying applications. Of those applications, 56 applications have been finalised with the following results: 23 applications withdrawn early in the case management process and prior to substantive proceedings; 5 applications withdrawn prior to a conference or hearing; 16 applications resolved in a conference, hearing, mention or mediation; 4 applications withdrawn after a conference or hearing but before a decision; and a decision issued in 8 applications. The majority of applications were made by employees, with only a small handful being made by labour hire employees and contractors. An apprentice and volunteer each made an application. Diagram 1 b...
29 April 2014No advocates in termination meetings! No constructive dismissal and no procedural unfairness!
A recent decision of the Full Bench of the Fair Work Commission has confirmed the approach to constructive dismissal and the role of a support person in meetings regarding termination of employment. Background The employee, Ms de Laps was employed by the Victorian Association for the Teaching of English Inc (VATE) since 2004, as its Executive Officer. Ms de Laps was absent from work during July 2012 due to stress and anxiety and returned to work in August 2012. It was alleged by Ms de Laps that following her return to work, during the period August 2012 to December 2012 VATE acted in a hostile manner towards Ms de Laps. On 10 December 2012, VATE wrote to Ms de Laps inviting her to attend a meeting on 12 December 2012 to discuss her performance and conduct. Ms de Laps was invited to bring a support person and it was noted in the correspondence that "The support person is not to act as your advocate and should not speak on your behalf." On 11 December 201...
2 April 2014Abbott Government tables its first Bill of Fair Work Act amendments in Parliament
The Abbott Government has tabled the Fair Work Amendment Bill 2014 (the Bill) as its first raft of amendments outlined in the Coalition's IR Policy. The proposed amendments mainly concern: unpaid parental leave additional periods; payment provisions for annual leave; Individual Flexibility Agreement (IFA) terms under modern awards and enterprise agreements; greenfield agreements; transfer of business between associated entities; protected action ballot orders; right of entry provisions; and Fair Work Commission (FWC) hearings and conferences. The amendments are summarised in the table below: Current provision under the Fair Work Act Proposed amendment under the Bill Unpaid parental leave An employee who takes unpaid parental ...
17 March 2014